4 Jul 2019
The caveator established a reasonably arguable case that the will executed 22 June 2018 was made in contemplation of marriage (supported by a 24 June text message and the short interval to the 4 August marriage), therefore the court discharged the order nisi and directed the administration application to proceed in solemn form for full inquiry rather than granting absolute letters.
26 Nov 2018
The Court held that the three term deposits were monies held on deposit in the respondent's sole name falling within clause 5 of schedule B and therefore constituted relationship property at the date of separation; the agreement was not a s21 contracting out agreement because it was not entered into in contemplation of marriage, but the agreement nevertheless survived the parties' later marriage by operation of ss21P and 21R of the Property (Relationships) Act 1976; accordingly the classification of the term deposits as relationship property was dispositive and the appeal was allowed.
29 Sept 2017
The Deed was not made in contemplation of marriage for s21(1) MPA purposes (narrow test applied), but it is a pre-1 August 2001 de facto partners' agreement to which s21P/21R apply and therefore survived the parties' subsequent marriage; on construction of the Deed and the factual matrix, the contested bank accounts are Mr H's separate property as business income/profits under clause 1 of Schedule B.
19 Mar 2013
The court found the circumstances existing when the Will was made (including a subsequent proposal during the overseas trip and the deceased's expressed intent to marry) demonstrated the Will was made in contemplation of marrying Helen Baker, therefore s18(3)(a)(ii) applied and the marriage did not revoke the Will; probate was granted to the named executors.
4 Oct 2011
The High Court upheld the Family Court's factual findings that the property purchased in 1984 was acquired in contemplation of marriage and intended for the parties' common use and benefit, that rental income was relationship property, and that the delay to marriage was explicable; the appeal was dismissed. The Family Court's refusal to hear submissions on costs was remitted for reconsideration because the pre-trial Calderbank offer should have been able to be addressed before a costs decision was made.