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Key decisions

  • Barnell [2020] FamCAFC 102
  • Aitken & Gladstone [2020] FCCA 966
  • Hallett & Malcolm & Anor [2020] FCCA 835
  • Lacy & Cloett [2020] FCCA 791


Isolating particular contributions overlooked ‘myriad of contributions’ by parties in long relationship

In Barnell [2020] FamCAFC 102 (1 May 2020) the Full Court (Ryan, Aldridge and Kent JJ) allowed the wife’s appeal of a 25 per cent differential between the parties’ contribution based entitlements assessed by a judge of the Family Court of Western Australia.

The parties were together for 21 years and had two children (22 and 16) who lived with the wife. The wife had received gifts from her family of $70,000. The husband made initial contributions including an interest in ‘the B property’ which the trial judge held (at [20]) should give rise to a 25 per cent contributions based adjustment in his favour. At trial the B property was worth $340,000 and represented 36 per cent of the net pool ($941,096).

The Full Court said (at [34]):

‘In Hurst [2018] FamCAFC 146 the Full Court quoted what the primary judge had recorded … as to a property inherited by the husband … “the Suburb C property”:

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