Ireland v Pratley [2013] NSWCA 445

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ireland v Pratley [2013] NSWCA 445 Hearing dates: 5 December 2013 Decision date: 18 December 2013 Before: Macfarlan JA at [1] Ward JA at [2] Sackville AJA at [3] Decision: 1. Appeal dismissed. 2. Cross-appeal dismissed. 3. The appellant pay the respondent's costs of the appeal. 4. The respondent/cross-appellant pay the appellant/cross-respondent's costs of the cross-appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: FAMILY LAW - de facto relationships - adjustment of property interests - whether primary Judge addressed correct issues - whether primary Judge's discretion miscarried - whether primary Judge failed to provide adequate reasons - whether discretion in relation to costs miscarried Legislation Cited: Property (Relationships) Act 1984, ss 20, 47

Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Baker v Towle [2008] NSWCA 73; 39 Fam LR 323 Chanter v Catts [2005] NSWCA 411; 64 NSWLR 360 Separovich v Ferrao [2011] NSWCA 180 Category: Principal judgment Parties: Benjamin Murray Ireland (Appellant/Cross-Respondent)