Journal Article

An Australian Perspective on the Evolution of the Law in Relation to the Assessment of Special Contributions in ‘Big Money’ Cases: Never Mind the Law, Feel the Politics

Paul Guest

in International Journal of Law, Policy and the Family

Volume 19, issue 2, pages 148-162
Published in print August 2005 | ISSN: 1360-9939
Published online August 2005 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/ebi011
An Australian Perspective on the Evolution of the Law in Relation to the Assessment of Special Contributions in ‘Big Money’ Cases: Never Mind the Law, Feel the Politics

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This contribution examines the evolution of the doctrine of special contribution from the legislative provisions of the Family Law Act 1975 and the High Court’s imposition of a duty on trial judges to evaluate contributions rather than to rely on presumptions or guidelines of equal sharing. It is argued that reports of the demise of the doctrine of special contribution may be exaggerated, and that the recent pronouncements in the English and Australian courts have not been sufficient to abolish the operation of the doctrine. The paper concludes that the doctrine of special contribution is, and should be, an orthodox and enduring feature of matrimonial property law in the Australian and English jurisdictions, which can only be removed by amendment to the relevant legislation.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

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