Category: Property Distribution

Matrimonial Home Principles which are Applicable to Sole Use and Occupation The principles to be applied in making an order for sole use and occupancy of the former matrimonial home pursuant to s 114(1) of the Act are to be understood in light of the observations about the general nature of the injunctive powers of this section of the Act. They may be summarised as follows: a) the Court may make such an order as it thinks proper; b) there are no words...

Property proceedings - Family Court of Australia - Full Court [caption id="attachment_11763" align="alignright" width="350"] Property proceedings - Family Court of Australia - Full Court[/caption] Barnell & Barnell [2020] FamCAFC 102  This case looked at the principles relevant to the assessment of contributions determining property proceedings pursuant to s 79 of the Family Law Act 1975 Applicable principles It is well-settled by the authority that the assessment of contributions under s 79 of the Act is not a mathematical exercise. Evaluating Disparate Contributions Contribution, either direct...

Partial Property Distribution [caption id="attachment_15981" align="alignright" width="350"] Partial Property Distribution[/caption] Sections 79 and 80(1)(h) of the Family Law Act confer power on the Court to make orders for an interim property settlement including for litigation. Funding The relevant legal principles that apply are as follows: (1) Section 79 confers a discrete power to make orders for property settlement and the Court may exercise that power through a succession of orders until the power is exhausted or until a final order...