In the 2019 case of Jabour v Jabour, the husband acquired a part interest in two blocks of land prior to marrying the wife. At the time of the trial the rezoned land was valued at $10,350,000 and constituted the majority of the value of the asset pool. The trial judge ordered that the husband receive 66% of the non-superannuation assets and the wife 34% taking into account the husband’s initial financial contributions.
DetailsA partial property settlement is a distribution of assets or financial resources between separated parties in advance of final orders. The Court tends to be reluctant to make a partial property settlement because it takes place prior to evidence being tested before the Court.
DetailsThere can be a lot of uncertainty around whether a couple is in a de facto relationship. A person is in a de facto relationship with another person (irrespective of gender) if they have a relationship with that person as a couple living together on a genuine domestic basis, having regard to all the circumstances of their relationship.
DetailsIn determining if leave is to be granted to permit a party to commence property proceedings out of time, the court must be satisfied that hardship would be caused to a party or child of the relationship, if leave was not granted.
DetailsJust last Wednesday the High Court handed down a landmark decision confirming the legal parentage of a sperm donor. Robert Masson donated sperm to his friend Susan Parsons in 2006, leading to the conception of now twelve-year-old “B”. Robert is listed on B’s birth certificate as her parent. B calls Robert “Daddy”.
DetailsThe Australian Law Reform Commission released its review of the family law system in March 2019. The review made 60 different recommendations for change to the current system.
DetailsThis year the High Court will hear a landmark case on the legal parentage of a child born via sperm donation.
DetailsThe Court has a wide discretion about how they deal with inheritances received during a relationship as well as after separation when making property settlement orders. Inheritances are not a protected category of property and will not automatically be treated differently from other assets available for distribution.
Details