Jia & Khajeh

Case

[2020] FamCA 1068

16 December 2020


Details
AGLC Case Decision Date
Jia & Khajeh [2020] FamCA 1068 [2020] FamCA 1068 16 December 2020

CaseChat Overview and Summary

This matter concerned an application for property adjustment between parties who had been in a de facto relationship. The court was required to determine the appropriate division of property following the parties' separation.

The legal issues before the court were to consider the financial and non-financial contributions of each party to the relationship and the acquisition, conservation, and improvement of their property. The court also had to assess the impact of any proposed orders on the future earning capacity of each party and consider any other relevant matters under section 90SM(4) of the *Family Law Act 1975* (Cth).

Foster J found that the parties had been in a de facto relationship to which the *Family Law Act 1975* applied. The court determined that the husband's contributions to the relationship and the acquisition of assets were overwhelmingly greater than those of the wife. The court found no relevant factors under section 90SF(3) of the Act that would warrant a departure from this assessment.

The court ordered that the husband pay the sum of $264,514 to the wife within one month. Leave was granted to apply as to the implementation or enforcement of this order on short notice.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Fiduciary Duty

  • Constructive Trust

Actions
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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

1

Stanford v Stanford [2012] HCA 52
Scott & Danton [2014] FamCAFC 203
Teal & Teal [2010] FamCAFC 120