By and -

Key decisions

  • Shamon & Shamon [2025] FedCFamC1A 150
  • Nicolosi & Faron (No 3) [2025] FedCFamC1A 146
  • Caldwell & Caldwell [2025] FedCFamC1F 506
  • Sayed & Rehmann [2025] FedCFamC1A 145

PROPERTY

No error in 25 per cent s 75(2) adjustment to reflect husband’s premature distributions – Court did not take capital gains tax and realisation costs into account as premature distributions created risk of sale

In Shamon & Shamon [2025] FedCFamC1A 150 (8 September 2025), the Full Court (McGuire, Riethmuller and Curran JJ) dismissed with costs an appeal against property adjustment orders of Christie J.

The husband was an accountant who operated his own practice. The wife was a homemaker, the three children living primarily with her.

At trial, the wife sought notional add backs because the husband engaged in a number of dealings after separation that included withdrawals from the parties’ mortgage account, an ‘unprecedented’ declaration of dividends and a payment to his sister (at [29]).

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