February 27, 2017

Parties’ generally share financial losses in the context of a relationship, unless one of the parties is responsible for the loss because of negligence

Introduction In Charles & Charles [2017] FamCAFC 3, the Full Court heard the appellant’s appeal against the trial judge’s orders that the parties’ property be divided […]
February 27, 2017

Prior informal agreements are not a basis for dismissing a property application

Introduction Maine is a helpful reminder of the role of prior informal agreements in the context of property proceedings.  In this particular case, the appellant wife […]
February 16, 2017

General similarities between a precedent and the case under consideration may not determine how the trial judge ought to assess the parties’ contributions: Daymond & Daymond [2014] FamCAFC 212

The Full Court’s decision in Daymond & Daymond [2014] FamCAFC 212 is an instructive example of the Full Court’s view of the role of precents in […]
February 13, 2017

Financial contributions made during the post-separation period may be partly attributable to the other party’s domestic contributions during the relationship

Introduction In Marsh [2014] FamCAFC 24, the appellant wife sought to overturn the trial judge’s decision on the basis that it did not accord proper weight […]
February 10, 2017

Assessing Contributions in the context of a short relationship

Rose & Mitchell [2016] FCCA 771 is a first-instance decision that illuminates the court’s assessment of contributions in the context of a short relationship. In this […]
October 10, 2016

Not all pre-mature distributions of property are added back to the asset pool as notional property

Not all pre-mature distributions of property are added back to the asset pool as notional property This blog summaries the decision of Talbot & Talbot [2015] […]
October 10, 2016

Living separate financial lives and its effect on the court’s assessment of whether it’s just and equitable to make orders for a property settlement

Living separate financial lives and its effect on the court’s assessment of whether it’s just and equitable to make orders for a property settlement. Introduction Sections […]
October 10, 2016

The Assessment of Gifts Donated Later in the Relationship

The Assessment of Gifts Donated Later in the Relationship Introduction Property disputes in the family law context sometimes engage different areas of law. The Full Court’s […]
October 10, 2016

Post-separation domestic contributions are given a real, and not token, weight

Post-separation domestic contributions are given a real, and not token, weight Introduction Oftentimes, the parties to a broken relationship will continue to make contributions after separation. The […]
October 10, 2016

Weighing substantial financial contributions against domestic contributions carried out under difficult circumstances

Weighing substantial financial contributions against domestic contributions carried out under difficult circumstances Introduction The courts are required to assess the parties’ respective contributions in the context […]
October 10, 2016

“Special Contributions” in the Context of Big Money Cases

“Special Contributions” in the Context of Big Money Cases This blog summarises the decision in Fields & Smith [2015] FamCAFC 57 and its implications for notion […]
October 10, 2016

Undue influence as a basis for setting aside a financial agreement

Undue influence as a basis for setting aside a financial agreement Description: The decision in Saintclaire is an example of an applicant failing to establish that […]