February 27, 2017
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
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
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
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
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 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. Introduction Sections […]
October 10, 2016
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 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 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 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 Description: The decision in Saintclaire is an example of an applicant failing to establish that […]