The Appeals Division of the Federal Circuit and Family Court of Australia Div 1 (McClelland DCJ, Gill & Brasch JJ) has delivered judgment in Yeng & Sun [2025] FedCFamC1A 106 in which Giles Stapleton appeared (instructed by Jason Neo of Longton Legal) for the successful appellant.

The appeal was from an exercise of discretion resulting in final orders that divided a c.$18 million matrimonial property pool in equal proportions. The appellant contended the primary judge erred by assessing the contributions of the parties to the marriage as equal and that the reasons given for that were inadequate.

The Court found that in the absence of evidence that the appellant’s mother intended to gift $5 million to both parties, it was unreasonable to find the money was a contribution by both parties, rather than by just the husband. The outcome was the parties have been invited to make further submissions about whether the Court should re-exercise the discretion or remit the matter for re-hearing.

See the full judgment here.