In Hoffman [2014] FamCAFC 92 (27 May 2014) the Full Court (Faulks DCJ, Murphy and Watts JJ) considered an appeal by a litigant in person where Brewster FM (as his Honour then was) divided a pool of almost $10 million equally after a 36 year cohabitation (para 1). The husband contended that “his contributions should […]
Court sets financial agreement aside where wife used funds which was husband’s “separate property” In Gregory [2014] FCCA 106 (24 January 2014, published June 2014) Judge Baumann considered whether a financial agreement should be set aside in the context of a wife who “without the knowledge or consent of the husband” obtained the husband’s superannuation […]
De facto husband entered into a personal insolvency agreement to frustrate the effect of a partial property settlement order – Family Court of WA considers interaction between Bankruptcy Act 1966 (Cth) and Family Court Act 1997 (WA) – Order for controlling trustees to release control of property under s 208 of the Bankruptcy Act. In […]
Interim spousal maintenance – Applicant wife working part-time and caring for two children – Respondent had capacity to pay, where he had redrawn loan facility and controlled a trust – Capital of a trust not “sacrosanct” and can be applied to meet a spousal maintenance order In Noble [2014] FCCA 421 (7 March 2014) Judge […]
Children – Father’s self-harming de facto partner restrained from being present during children’s time with father – Restraint granted despite evidence of psychiatrist and family report writer that de facto partner did not present a risk to the children – Risk was unlikely but possible In Gardiner & Rivers [2014] FCCA 76 (24 January 2014) […]
Property Law Dispute Full Court upholds appeal as to assessment of post-separation contributions where parties had been separated for 10 years – Disparity between wife’s Newstart allowance (and child’s board) and husband’s income of $13,000 per week In Marsh [2014] FamCAFC 24 (25 February 2014) the Full Court (Ainslie-Wallace, Murphy & Le Poer Trench JJ) […]
Wifes distribution from family trust to pay school fees not added back. Her payment of school fees in advance treated as a contribution under Section 79 (4) In Alexiou [2012] FamCA 1146 (14 December 2012) a dispute arose over the wife’s unilateral payment of school fees as to which Le Poer Trench J said at […]
Property – Husband’s high earnings throughout long marriage not allowed as “special contributions” In Newman [2013] FamCA 37 (30 January 2013) the husband argued that his high earnings throughout the parties’ 28 year marriage were contributions “outside the normal range” and should therefore be treated as a “special” contribution (paras 114). Watts J at paras […]
Property – Cohabitation agreement under Property Law Act 1974 (Qld) was not a recognised agreement or financial agreement – Nor a bar to consent orders n Kevin & Trembath [2012] FamCA 807 (11 September 2012) the parties sought property orders by consent under the Family Law Act 1975 in circumstances where they had entered into […]
Property – Husband’s inheritances represented 43.5% of $2.7m pool – Long marriage – Contributions assessed 70/30 in his favour – Adjusted for wife’s limited employment opportunities In Dinsmore [2012] FamCA 798 (18 September 2012) a 28 year marriage that included 4 years of pre-marital cohabitation produced two (now adult) children and net assets of $2.7 […]
