Journal Article

The Yardstick of Equality: Assessing Contributions in Australia and England

Patrick Parkinson

in International Journal of Law, Policy and the Family

Volume 19, issue 2, pages 163-175
Published in print August 2005 | ISSN: 1360-9939
Published online August 2005 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/ebi012
The Yardstick of Equality: Assessing Contributions in Australia and England

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Following the decision of the House of Lords in White v White [2001] 1 AC 596, the Court of Appeal in England looked to the Australian case law on special contributions to develop principles for assessing the respective contributions of the parties in ‘big money’ cases. At much the same time, the Chief Justice of the Family Court of Australia invoked the reasoning in White v White as a justification for suggesting that the doctrine of special contributions should be reconsidered. To evaluate these developments, it is necessary to understand the similarities and differences between English and Australian law on property division, and the history of assessing contributions in Australia. The paper concludes by evaluating the arguments for and against the notion of special contributions.

Journal Article.  0 words. 

Subjects: Family Law ; Marriage and the Family

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