Family Law Education Network

Tag: Addbacks

Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137

The decision in Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137 involved a consideration of addbacks post the June 2025 amendments to the Family Law Act (‘FLA’). The matter came before His Honour, Schonell J, on appeal from a Division 2 Judge. Orders were made in December 2024, following the primary proceedings, involving, inter alia, a finding that the appellant had not accounted for funds removed from his Self-Managed Super Fund (SMSF) which were then added back on the Balance sheet.

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Shinohara & Shinohara [2025] FedCFamC1A 126

Addbacks in property settlement matters had been a part of our landscape for some time. Indeed, a pro forma Balance Sheet that specifically allowed for addbacks was created for use in the then Family Court and continues to be so.

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Shinohara & Shinohara [2025] FedCFamC1A 126

The Full Court confirmed that addbacks are no longer permissible in the traditional sense. Following the commencement of the Family Law Amendment Act 2024, section 79(3)(a)(i) now mandates that only existing legal and equitable rights and interests can be included in the pool for adjustment.

| Read More

Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137

The decision in Jakobsson & Jakobsson (No 2) [2025] FedCFamC1A 137 involved a consideration of addbacks post the June 2025 amendments to the Family Law Act (‘FLA’). The matter came before His Honour, Schonell J, on appeal from a Division 2 Judge. Orders were made in December 2024, following the primary proceedings, involving, inter alia, a finding that the appellant had not accounted for funds removed from his Self-Managed Super Fund (SMSF) which were then added back on the Balance sheet.

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

Addbacks in property settlement matters had been a part of our landscape for some time. Indeed, a pro forma Balance Sheet that specifically allowed for addbacks was created for use in the then Family Court and continues to be so.

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

The Full Court confirmed that addbacks are no longer permissible in the traditional sense. Following the commencement of the Family Law Amendment Act 2024, section 79(3)(a)(i) now mandates that only existing legal and equitable rights and interests can be included in the pool for adjustment.

| Read More