1 Aug 2019
Leave to appeal is granted because the proposed appeal raises arguable questions of law of general importance: whether Mills and Geddes conflict, the proper construction of "acquired out of separate property" in s 9(2) of the Property (Relationships) Act 1976, and the application of the Act's scheme to shares purchased with dividends from gifted shares.
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.
7 Jun 2016
The High Court upheld the Family Court's finding that extraordinary circumstances existed making equal sharing repugnant to justice and affirmed the 80%/20% division; however the ACC-derived sum of $100,727.17 was held to be relationship property because under s37 of the Accident Compensation Act 2001 the injury was deemed to have occurred when treatment was first received during the relationship, entitling the appellant to 20% of that sum; the award of occupational rental ($300/week, reduced by 20% to $240/week payable from 3 March 2013) and the order that the appellant pay rates and insuran…