Family Law – Appeal – Property Settlement – Contributions – Material Error of Fact – Expert Evidence
Judgment of:
Schonell J
Court:
Federal Circuit and Family Court of Australia, Division 1 — Appellate Jurisdiction
Counsel for Applicant:
Mr Weightman
Solicitor for the Applicant:
Unified Lawyers
Solicitor for the Respondent:
KF Lawyers Australia
Date of hearing:
21 April 2026
Legislation:
Family Law Act 1975 (Cth) Pt VIII, s 79; Family Law Amendment Act 2024 (Cth); Federal Circuit and Family Court of Australia Act 2021 (Cth) s 36
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Key Decision
Justice Schonell allowed the wife’s appeal and dismissed the husband’s cross-appeal. The Court held the mortgage error was material, not merely clerical, because it significantly understated the wife’s initial financial contribution. Re-exercising discretion, the Court assessed contributions 60 per cent to the wife and 40 per cent to the husband. The wife was ordered to pay the husband $323,795.20, with sale consequences if unpaid.
Background
Ms Driesen and Mr Klerk married in 2009, separated in 2020, and later disputed property settlement orders made in 2025. The wife appealed, arguing the trial judge misstated her mortgage on the Suburb D property at cohabitation as $509,000 rather than $509. The husband cross-appealed about expert valuation evidence for his business. The appeal concerned how contributions should fairly affect division of the property pool after a 13-year overall relationship.
The Challenge
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Reasons For Judgment
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Sydney CBD
Level 5, 299 Elizabeth Street Sydney NSW 2000
Marrickville
Suite 3, 369 Illawarra Road, Marrickville NSW 2204
Melbourne CBD
Level 40, 140 William Street, Melbourne VIC 3000
Miranda
Level 4, 29 Kiora Road, Miranda NSW 2228
Gold Coast
Level 13, 50 Cavil Avenue, Surfers Paradise, Gold Coast, QLD 4217
Brisbane CBD
Level 19, 10 Eagle St, Brisbane City QLD 4000
North Sydney
Level 25, 100 Mount Street, North Sydney NSW 2060
Parramatta
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Bondi Junction
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