By Craig Nicol and Keleigh Robinson -
Key decisions
- Anselmo & Anselmo [2026] FedCFamC1A 87
- O Pty Ltd v Calvo [2026] FedCFamC1F 295
- Finamore & Finamore (No 3) [2026] FedCFamC1F 289
- Taggart & Gowden [2026] FedCFamC2F 673
PROPERTY
No error by trial judge excluding funds held in solicitor’s trust account where outstanding legal fees, work in progress and trial costs would exhaust those funds – leave entitlements owed to husband by his own business not an asset for the purpose of section 79
In Anselmo & Anselmo [2026] FedCFamC1A 87 (20 May 2026), the Full Court (Austin, Campton and Christie JJ) heard a wife’s appeal from orders made by the Family Court of Western Australia.
As part of the wife’s appeal, she contended money paid to the husband’s lawyer for legal fees that were held in trust were an asset and ought to have been included in the asset pool. She also contended the husband’s leave entitlements were property.
