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Key decisions

  • Marsh [2014] FamCAFC 24
  • Bolger & Headon [2014] FamCAFC 27
  • Starkey (No. 2) [2013] FamCA 977
  • Gardiner & Rivers [2014] FCCA 76

Property: Husband’s 20 per cent loading for financial contributions during long separation set aside

In Marsh [2014] FamCAFC 24 (25 February 2014) the Full Court (Ainslie-Wallace, Murphy & Le Poer Trench JJ) allowed the wife’s appeal against a property order, remitting the case for re-hearing. It was a 21-year marriage with three children where the parties were separated for 10 years, in which time the pool grew from $3.5m to $4.8m. W’s appeal was in part against the 20 per cent loading awarded the husband on contributions. Ainslie-Wallace J at [55] said that “the husband built his career due to the wife by mutual agreement not working outside the home but assuming the role of homemaker and parent”. The husband admitted that the wife pre- and post-separation was “absolutely marvellous”. Murphy J said at [120] that “the foundation for the property transactions… subsequent to separation was the property acquired during the marriage and the husband’s income acquired through advancement in his employment” and that “[t]he wife contributed significantly to each”.

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