Re: Kerry

The case of *Re: Kerry* concerned an application by the respondent, Kerry, for an order that certain property be transferred to her. The applicant, the former husband of Kerry, sought to prevent this transfer. The matter came before Thornton J in the Supreme Court of Western Australia.

The central legal issue before the court was whether the property in question constituted "property of the marriage" for the purposes of the *Family Law Act 1975* (Cth). This determination was crucial for deciding whether the court had the jurisdiction to make orders regarding its division.

Thornton J reasoned that the definition of "property of the marriage" under the *Family Law Act* is broad and encompasses not only assets owned at the time of separation but also those acquired subsequently, provided they are derived from or are a substitution for property of the marriage. The court considered the source of the funds used to acquire the property and found that they originated from the sale of assets that were clearly property of the marriage. Therefore, the property was held to be property of the marriage, and the court possessed the jurisdiction to make orders concerning it.