By and -

Key decisions

  • Martell [2023] FedCFamC1A 71
  • Halloran & Keats [2023] FedCFamC1A 56
  • Kashmiri & Ashwell [2023] FedCFamC1A 55
  • Holden [2023] FedCFamC1F 331

PROPERTY

Kennon – Court erred by failing to explain how husband’s acts of violence led to wife’s non-financial contributions being made difficult, distressing and more arduous

In Martell [2023] FedCFamC1A 71 (15 May 2023), Aldridge J heard a husband’s appeal from a 60:40 property division in favour of the wife.

The parties were in a relationship for about 17 years. The trial judge found the parties financial and non-financial contributions were equal, save for the wife being subjected to family violence (at [6]).

Following consideration of the decision in Kennon [1997] FamCA 27, the trial judge found the husband was controlling and aggressive, and the husband’s violence made the wife’s contributions to the family more arduous (at [16]-[17]). Aldridge J said (from [29]):

‘… [H]er Honour said “the wife’s non-financial contributions were impacted and made more difficult and distressing” … and “more arduous” …

…

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