Mcphee Lawyers

Tag Archives: Contributions

Great Scott! Can the Court order a property settlement after 30 years of separation?

by It is not often that the tabloid newspapers report on family law matters, particularly matters at first instance, however the recent Federal Circuit Court of Australia judgment of Scott & Scott [2016] FCCA 1659 was featured in the Daily Mail Australia on 13 July 2016. While not a landmark decision, the Scott case is a timely reminder that disputes about ownership of
Tags: , , , , ,
Read More

Kern & Kern [2014] FCCA 1108 (30 May 2014) – Undervalued gift of real estate? Wife, her Father and his company referred to Office of State Revenue for Investigation

by This case is an example of where the interests of the State Revenue Office can be raised. The parties were married for 9 years and a major issue was whether substantial gifts from the wife’s family were to her alone or to the husband and the wife.  The wife argued that her contributions to the marriage were greater than that
Tags: , , , , , , , ,
Read More

Fields & Smith: A Nail in the Coffin for “Special” Contributions

by Discussing Fields & Smith [2015] FamCAFC 57 The recent decision of the Full Court of the Family Court in the case of Fields & Smith has overturned the decision at trial that a husband’s ‘special’ skills warranted an adjustment of the assets of the marriage 60%/40% in the husband’s favour. The basic facts in Fields & Smith were unremarkable. The
Tags: , , , ,
Read More
No Guarantees – Even in a Long Relationship

No Guarantees – Even in a Long Relationship

by In the Western Australian case of Fielding and Nichol (2014) FLC 93-617, Thackray CJ dismissed an application brought by the de facto husband in a 12 year relationship. Relying on s79(2) (requiring the Court not to make an order unless  it is satisfied in all the circumstances it is just and equitable to do so) and applying the recent case
Tags: , , , , , ,
Read More
Who won the lottery?

Who won the lottery?

by In October, 2014 the Full Court of the Family Court of Australia considered an appeal in relation to a post separation lottery win by the Wife of $6 million. The winning ticket had been purchased by the Wife from monies that may have been drawn from the parties business and paid to her as a loan (a similar payment having
Tags: , , ,
Read More