Case we are reviewing….
Bevan and Bevan 2013is a decision of the Full Court of the Family Court.
The Facts of the case deal with a couple married in 1972. Following a srious financial downturn, the Husband took to the sea in 1994, before eventually settling in England where he lived and worked thereafter. Husband had given Wife a power of attorney in 1995 to deal with their property and he told her that she could retain all their Australis property for herself and the children, saying he would build a life elsewhere. They ultimately divorced in July 2010 and the Husband subsequently commenced proceedings for property settlement.
Issue that the Court considered was whether the trial judge was correct in finding that it was just and equitable, within the meaning of s79(2) FLA, to make orders for property settlement.
Allowing the appeal, the unusual facts of this case demanded consideration of the justice and equity of making any order, quite independent of any consideration of what the Husband would have received had he pursued his claim earlier and not led the Wife to believe he would not pursue a claim at all. The precondition to making any order for property settlement was a finding that it was just and equitable to do so. The Family Court subsequently re-exercised the discretion of the trial judge and dismissed the Husband’s property settlement claim.
Ted Talk we are watching…
We all agree that the World is moving fast … and we are all chasing behind it trying to keep up. In a fast-paced world, what are the benefit in slowing down?
That’s the question that Anthropologist, Kathryn Bouskill answers in her Ted Talk.
Podcast we are recommending ….
Podcast of the week goes to an absolute favourite of our, Casefile True Crime Podcast.
This is a weekly true crime themed podcast that first aired in Australia in January 2016 and hosted by an Australian man who remains anonymous. The series deals with solved or cold criminal cases, often related to well-known murders and serial crimes.
Some of our favourite episodes Case 54(Daniel Morcombe) and Case 109(the Belanglo series).
Life advise we pondering…
‘This is what you deserve. You could be good today. But instead you choose tomorrow’.
Masters of Success…