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Key decisions

  • Whiton & Dagne [2019] FamCAFC 192
  • Zappacosta and Zappacosta [1976] FamCA 56
  • Shelbourne [2019] FamCAFC 196
  • Cabadas [2019] FamCAFC 179
  • Bant & Clayton (No. 2) [2019] FamCAFC 200

Property 

Contributions can continue during separations – Rise in value of property resumed by government 

In Whiton & Dagne [2019] FamCAFC 192 (31 October 2019) the Full Court (Aldridge, Kent & Tree JJ) allowed Ms Whiton’s appeal against a property division of 75:25 in favour of her de facto partner. An 18-year relationship with 20 separations meant a 12 year cohabitation in total. At first instance a judge of the FCC found proved the wife’s allegation that the separations were due to domestic violence by the respondent.

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