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Australia Leading Case uncategorised

Mallet v Mallet

(1984) 156 CLR 605
JurisdictionAustralia
CourtHigh Court of Australia
Year1984
StatusBinding authority

Summary

The High Court held that s.79 Family Law Act confers a wide holistic discretion to alter property interests, not a mathematical assessment of contributions.

Key Principle

The HCA held that the Family Court has a wide discretion to alter property interests under s.79 of the Family Law Act; contributions are not to be assessed mathematically but holistically.

Area of Law

family

Related Cases

Masson v Parsons (2019) 266 CLR 554

A known sperm donor may be recognised as a legal parent under the Family Law Act 1975, overriding inconsistent State presumptions, with paramount consideration given to the best interests of the child.

Stanford v Stanford (2012) 247 CLR 108
Stanford v Stanford (Just and Equitable Threshold) [2012] HCA 52

A property settlement order under s.79 FLA may only be made if it is just and equitable to alter existing property interests, which must be determined as a threshold question.

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