Tomaras & Tomaras

The case of Tomaras & Tomaras involves an appeal against orders made in family law proceedings. The appellant challenges the primary judge's findings that the husband's rights under an income protection insurance policy are not "property" under the Family Law Act 1975 (Cth) and that a property settlement order cannot be made transferring a percentage of those rights to the wife. The legal issues in the case include whether the husband's rights under the insurance policy are "property" for the purposes of the Act and whether a property settlement order can be made transferring a percentage of those rights to the wife. The court found that the primary judge erred in concluding that the husband's rights under the insurance policy are not "property" and that a property settlement order cannot be made transferring a percentage of those rights to the wife. The court held that the husband's rights under the insurance policy are "property" for the purposes of the Act and that a property settlement order can be made transferring a percentage of those rights to the wife. The appeal was allowed, and the matter was remitted to the primary judge for further consideration.

The Court of Appeal considered the appeal and dismissed it. The Court found that the primary judge did not err in concluding that the husband's rights under the insurance policy are not "property" for the purposes of the Act and that a property settlement order cannot be made transferring a percentage of those rights to the wife. The Court held that the husband's rights under the insurance policy are not "property" for the purposes of the Act because they are not assignable. The Court found that the primary judge's reasons were sufficient to support the conclusion that the husband's rights under the insurance policy are not "property" for the purposes of the Act and that a property settlement order cannot be made transferring a percentage of those rights to the wife. The appeal was dismissed, and the primary judge's orders were upheld.