30 Jul 2010
HYDE V HYDE HC WHA CIV-2006-488-504
- Citation
- openlaw-66a09635_a06d_4b2f_82b3_4e2fd127a945.pdf
- Court
- High Court
The homestead provisions apply only to the defined homestead area (as found by Judge O'Donovan, approx 7.7 hectares); the demarcation approach to defining family home/homestead is correct; increases in value of the remaining separate property are largely inflationary/passive and not attributable to relationship property or applicant's actions under s9A, so no recharacterisation occurs; the Family Court's discretionary s17 award of $20,000 stands; appeal dismissed.