Important cases for ancillary relief

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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…

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