Trustees in bankruptcy are often pessimistic about how they will fare in proceedings under s 79 Family Law Act 1975 ("FLA"). The recent case of Grainger & Bloomfield[1] is likely to increase this pessimism. The impact of s 75(2) in the determination of claims...
Publications
Author: Jacky Campbell
Bankruptcy, financial agreements and the rights of creditors
The Full Court of the Family Court of Australia in Grainger & Bloomfield[1] considered the standing of a creditor to apply to set aside a financial agreement after the debtor spouse became a bankrupt. Shortly prior to the bankruptcy, the bankrupt spouse...
Contribution of pre-marriage skills and experience
“Special” contributions are out, but how much recognition should pre-marital skills and experience be given? This issue was considered in Pfenning & Snow[1]. The husband unsuccessfully sought a 40% disparity in the outcome of the alteration of the parties’...
Two recent cases on setting aside financial agreements
Introduction There are complex legal principles involved in drafting a financial agreement which will stand up to court scrutiny. There are two main risks: The agreement is found not to be binding because it does not meet the technical requirements; and The agreement...
The Baby Gammy case
Recently, the Family Court of Western Australia delivered judgment in the "Baby Gammy" case. Although colloquially called the "Baby Gammy" case, the Court was asked to determine the parenting arrangements which were in the best interests of Pipah (Baby Gammy's twin...
Hall, the High Court and spousal maintenance
The High Court considered spousal maintenance and the term “financial resources” in Hall v Hall (2016) FLC 93-709. An earlier article discussing the decisions of the trial judge and the Full Court in detail and can be read here. Overview The High Court, in Hall,...
Introduction to Wolters Kluwer Australian Family Law Act 1975 book
Every year there are obvious amendments to family law legislation, but also many other pieces of legislation which do not, by reference to their name, alert family lawyers to their relevance. These amendments are, of course, incorporated into the online version of the...
Hot cases in Family Law 2016
In the last 12 months or so there have been some significant cases under the Family Law Act 1975. Those dealt with in this article cover: Spousal maintenance - Hall The definition of “financial resource” Life expectancy - Fontana A lottery win early in the marriage...
High Court to rule on financial agreements
How do the concepts of duress, undue influence and unconscionability apply to the setting aside of financial agreements? Are they alternative arguments or overlapping? Does the giving of legal advice mean that a financial agreement cannot be set aside for duress?...
Comparable cases—the controversy about their importance
In university law courses, the importance of precedents is emphasised – ratio decidendi and obiter dicta are prevalent phrases. Bewilderingly, family lawyers advising clients are confronted with the breadth of the court’s seemingly unfettered discretion and...
