High Court’s Decision: Implications for Section 79 Property Orders Introduction Judgment was delivered by the High Court in Stanford v Stanford[1] on 14 November 2012. In a rare examination of the Family Law Act 1975 (“the Act”) and particularly s 79, the High Court stated its views regarding: Whether an order for alteration...

Does a resident ghost increase or decrease the value of a home? Unfortunately, this important issue remains unresolved in Australia although in Descas & Descas [2013] FMCAfam 69, the wife tried to argue that it had a detrimental effect on the home’s value. There is some overseas evidence which suggests that a ghost can...

Judgment was delivered by the High Court in Stanford v Stanford [1] on 14 November 2012. In a rare examination of the Act and particularly s 79, the High Court stated its views regarding: Whether an order for alteration of property interests can be made under s 79 if parties are not separated or are "involuntarily" separated....

Four-Step Approach Changes in Family Law Property Settlements Post-Stanford Introduction Judgment was delivered by the High Court in Stanford v Stanford[1] on 14 November 2012. In a rare examination of the Family Law Act 1975 ("the Act") and particularly s 79, the High Court stated its views regarding: Whether an order for...

This paper deals with: The effect of death (and imminent death) and ageing on the property aspects of matrimonial and de facto relationship breakdown under the Family Law Act; and The law relating to the care of children when one parent dies. Death of a party before property proceedings are issued Section 79 proceedings for a...

When one of the parties receives a "windfall", such as an inheritance or a Tattslotto win, after separation, the recipient may seek to "quarantine" it on the basis that the other party had not contributed to it. Even if it is not quarantined, should the contribution of a post-separation "windfall" be given more weight than one...

PRINT PDF In Segelov v Ernst & Young Services Pty Ltd [2015] NSWCA 156, the New South Wales Court of Appeal considered the question of whether a trustee owed a duty of notification to a beneficiary of a discretionary trust. The beneficiary did not know that she was a beneficiary of the trust or that she received...

PRINT PDF The Full Court of the Family Court in Trask & Westlake[1] recently explained the form of orders which should be made when real properties are to be sold. The orders made by the Full Court were more complex than the Family Law Courts usually make, using a mathematical formula to give a more precise percentage...

Recently, the Full Court of the Family Court in Trask & Westlake[1] said that for orders to be "just and equitable" and "appropriate", they needed to reflect the reasons in the judgment. Property Sale and Order Drafting This seems obvious, but when a real property is to be sold pursuant to orders, the precise sale price is...

Full Court’s Take on ‘Just and Equitable’ Property Settlements Post-Stanford The Full Court of the Family Court has considered the impact of the High Court's decision in Stanford v Stanford[1] in several cases. In particular, the Full Court in Bevan & Bevan[2] and Chapman & Chapman[3] rejected the notion that Stanford...