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Key decisions

  •  Jabour [2019] FamCAFC 78
  • Rodelgo & Blaine [2019] FamCAFC 73
  • Masson v Parsons [2019] HCA 21
  • Sadasivam & Seshan [2019] FamCAFC 76

PROPERTY

Long marriage – husband’s initial contribution of land soared in value due to rezoning 

In Jabour [2019] FamCAFC 78 (10 May 2019) the Full Court (Alstergren CJ, Ryan & Aldridge JJ) allowed the wife’s appeal against Judge Mercuri’s contributions-based assessment of 66 per cent in favour of the husband (and 33 percent, the wife) after a 25 year marriage that produced three adult children. 

The husband owned a half interest in three parcels of land (30, 30 and 44 acres) at cohabitation, having bought them from his father in 1975 for $26,000. After 11 years of marriage, he sold his interest in the 30 acre lots to acquire all of the 44 acre lot. Originally used for a farm, the property was rezoned for residential use in 2010 and was sold in October 2017 for $10,350,000. The net pool was $9,033,913 plus superannuation of $371,686.

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