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Tag: Property Settlement

Evelyn & Kozel [2025] FedCFamC1A 171

28/09/2025

Limitation dates in property matters

Missing a limitation date can be fatal and such enquiries should be foremost in one’s mind when taking initial instructions. If the parties were married then whether or not they are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

| Read More

Sprule & Mollis [2025] FedCFamC2F 458

16/09/2025

Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge Shoebridge, Sprule & Mollis [2025] FedCFamC2F 458 the parties reached agreement

| Read More

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

02/09/2025

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

02/09/2025

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

Catlin & Catlin [2025] FedCFamC1A 110

16/08/2025

The matter of Catlin & Catlin [2025] FedCFamC1A 110 was an Appeal filed by the husband in respect of the enforcement of property settlement Consent Orders, made on 22 July 2016. As at the date of filing her Enforcement Application the husband had not complied with any of the 2016 Orders. That Enforcement Application was heard and Orders made by Berman J on 7 February 2025.

| Read More

Oberon & Aquila (No 2) [2025] FedCFamC2F 400

16/08/2025

This was a judgment from one of our more recent Division 2 appointments, Judge Colquhoun. Her Honour had made property settlement Orders on 7 February 2024 (“the 2024 Orders”) however, the parties were now in dispute as to the interpretation of one of those Orders – The Trustee is empowered to take possession of the [Suburb C] property and require vacant possession in order to effect a sale of the [Suburb C] property.

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

04/08/2025

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

Rapallino & Dekker – When One Appeal Fails, Don’t File Another

15/05/2025

Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant Wife was to receive 65%of the asset pool. Thereafter the Appellant filed a Notice of Appeal, within time, and the appeal was then heard on 12 February 2025 by a full bench of their Honours, Aldridge, Gill & Strum JJ, and dismissed. At that point the issue of costs had not been determined with the parties to file written submissions in that regard.

| Read More

Agosta & Haldane – Why Expert Evidence Still Matters in Property Disputes

20/09/2024

In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result in the appointment of Single Experts to value even seemingly insignificant assets. For that reason, it is not uncommon, and generally welcomed by the parties, to look to lay sources such as market appraisals for real estate or Redbook searches for motor vehicles and the like. But what happens if no agreement is reached on values, the parties don’t reach agreement, and the matter proceeds to hearing with only lay evidence of valuations?

| Read More

Evelyn & Kozel [2025] FedCFamC1A 171

28/09/2025

Limitation dates in property matters

Missing a limitation date can be fatal and such enquiries should be foremost in one’s mind when taking initial instructions. If the parties were married then whether or not they are divorced is important but the length of the separation not so much. However, if the parties were in a de facto relationship the date of separation is most important. If the client is close to, or even later than, the two-year separation period then it is

| Read More

Sprule & Mollis [2025] FedCFamC2F 458

16/09/2025

Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge Shoebridge, Sprule & Mollis [2025] FedCFamC2F 458 the parties reached agreement

| Read More

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

02/09/2025

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

02/09/2025

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

Catlin & Catlin [2025] FedCFamC1A 110

16/08/2025

The matter of Catlin & Catlin [2025] FedCFamC1A 110 was an Appeal filed by the husband in respect of the enforcement of property settlement Consent Orders, made on 22 July 2016. As at the date of filing her Enforcement Application the husband had not complied with any of the 2016 Orders. That Enforcement Application was heard and Orders made by Berman J on 7 February 2025.

| Read More

Oberon & Aquila (No 2) [2025] FedCFamC2F 400

16/08/2025

This was a judgment from one of our more recent Division 2 appointments, Judge Colquhoun. Her Honour had made property settlement Orders on 7 February 2024 (“the 2024 Orders”) however, the parties were now in dispute as to the interpretation of one of those Orders – The Trustee is empowered to take possession of the [Suburb C] property and require vacant possession in order to effect a sale of the [Suburb C] property.

| Read More

Shinohara & Shinohara [2025] FedCFamC1A 126

04/08/2025

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

Rapallino & Dekker – When One Appeal Fails, Don’t File Another

15/05/2025

Rapallino & Dekker (No 3) [2025] FedCFamC1A 60 was a decision of His Honour, Aldridge J, in respect of property settlement proceedings that had been before a Division 1 Judge. In those proceedings the Appellant Wife was to receive 65%of the asset pool. Thereafter the Appellant filed a Notice of Appeal, within time, and the appeal was then heard on 12 February 2025 by a full bench of their Honours, Aldridge, Gill & Strum JJ, and dismissed. At that point the issue of costs had not been determined with the parties to file written submissions in that regard.

| Read More

Agosta & Haldane – Why Expert Evidence Still Matters in Property Disputes

20/09/2024

In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result in the appointment of Single Experts to value even seemingly insignificant assets. For that reason, it is not uncommon, and generally welcomed by the parties, to look to lay sources such as market appraisals for real estate or Redbook searches for motor vehicles and the like. But what happens if no agreement is reached on values, the parties don’t reach agreement, and the matter proceeds to hearing with only lay evidence of valuations?

| Read More

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