CALANDER & CALANDER

Case

[2020] FCCA 1464

10 June 2020


Details
AGLC Case Decision Date
CALANDER & CALANDER [2020] FCCA 1464 [2020] FCCA 1464 10 June 2020

CaseChat Overview and Summary

In *Calander & Calander*, the parties brought a dispute concerning the division of their property before Judge Burchardt. The marriage was long, and the asset pool included a family farm, which had been materially assisted by the wife's family in its purchase and development, and a substantial inheritance recently received by the husband.

The court was required to determine whether the husband's recent inheritance should be excluded from the property pool, and if not, what weight should be given to it as a contribution. The court also had to make an evaluative assessment of the contributions of both parties to determine a just and equitable division of the matrimonial assets.

The court reasoned that while the husband's inheritance was a significant asset, it was not appropriate to exclude it entirely from consideration. The court applied principles of property division in long marriages, considering both financial and non-financial contributions. Ultimately, the court determined that a division of property 60/40 in favour of the husband was just and equitable in the circumstances, taking into account all relevant factors including the wife's family's contributions to the farm and the husband's inheritance. The orders detailed a complex division of various assets, including real estate, a business, vehicles, and chattels, along with provisions for the payment of debts and the dissolution of a partnership.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Vass & Vass [2015] FamCAFC 51
Trevi & Trevi [2018] FamCAFC 173
Holland & Holland [2017] FamCAFC 166