Important cases for ancillary relief

Important cases

White v White [2000] 

• most important case on s25.
• used "reasonable requirements" in the first instance decision (which is not a s25 factor but had been used in a lot of cases).
• CoA held that "reasonable needs" should not be determining factor.
• Two principles:

- there can be no discrimination between H and W's respective roles - homemaker as important as breadwinner.

- "yardstick of equality" - equality should only be departed from if there is a good reason for doing so, although no presumption of equality.

Parra v Parra [2002]

• H and W had always arranged affairs to achieve equality.
• Equal division of assets was the "overwhelmingly obvious decision."

Cowan v Cowan [2001]

• CoA granted appeal against first instance court's use of "reasonable requirements".  
• CoA did not award 50% to wife…