By and -

Key decisions

  • Wei & Xia [2024] FedCFamC1A 65
  • Novikov [2024] FedCFamC1A 56
  • Daultrey & Tavener [2024] FedCFamC1A 64
  • Morris & Morris (No 7) [2024] FedCFamC1F 12


The High Court Rules 2004 (Cth) permitted the appointment of a representative of the deceased’s estate prior to letters of administration – no error in findings as to ownership of funds and properties between spouse parties and husband’s parents where the evidence was unreliable, confusing and contradictory

In Wei & Xia [2024] FedCFamC1A 65 (24 April 2024) the Full Court (Aldridge, Hogan and Kari JJ) heard an appeal from property orders made by Harper J in proceedings between a wife, husband and the husband’s parents (the ‘parents’).

The primary dispute related to $13,551,604.98 applied towards assets in the husband and wife’s names. Harper J found the parents owned the funds such that they beneficially owned particular property (at [3]). The wife appealed.

The husband’s mother died prior to the appeal hearing. Letters of administration had been sought but not granted (at [6]).

The Full Court said (from [9]):

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