16 Jul 2012
FISHER & ORS v KIRBY & ORS COA CA613/2011
- Citation
- COA CA613/2011
- Court
- Court of Appeal
The Court affirmed the High Court's exercise of discretion: Irma breached her moral duty to her children and, having regard to the size of the combined estates, the children's contributions (notably Nathan's custodianship of the family farm and Melissa's care), the prior Family Court settlement, and the estrangement history, the awards fixed by the Judge were within permissible discretion. The Court adjusted only where misassessment occurred: increased John's award to A$500,000 and reduced one costs award to reflect disproportionate conduct and funding of litigation by beneficiaries.