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Australia property settlementjust and equitable

Stanford v Stanford

(2012) 247 CLR 108
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Key Principle

Before altering property interests under s 79 of the Family Law Act 1975 a court must be positively satisfied that it is just and equitable to make any order at all, and that anterior question is not to be answered by assuming that either party has a right to have the property pool divided or reallocated.

Area of Law

family

Related Cases

Masson v Parsons (2019) 266 CLR 554
Stanford v Stanford (Just and Equitable Threshold) [2012] HCA 52
MRR v GR (2010) 240 CLR 461

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