Calculating the likely split of assets

The Family Law Act 1975 (“the Act”) established a specialist Family Court in Australia. As the Court has developed through infancy to maturity, the fundamentals for dealing with property cases have not changed to any significant degree. Ours is still a discretion-based system where even on an identical set of facts (if such a thing existed) a judgment does not have the force of binding precedent, and – dare we say it – it is a truism that no two Judges can necessarily be relied upon to produce the same result. In this paper, Chris Dimock sets out the Court’s approach to deciding property disputes and assesses what guidance can be obtained from some of the most significant decided cases.

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