The Yardstick of Equality: Assessing contributions in Australia and England.
The University of Sydney Law School
International Journal of Law, Policy and the Family, Vol. 19, No. 2, pp. 163-175, 2005
Sydney Law School Research Paper No. 06/28
Following the decision of the House of Lords in White v White  1 AC 596, the Court of Appeal in England looked to the Australian case law on special contributions to develop principles for assessing the respective contributions of the parties in big money cases. At much the same time, the Chief Justice of the Family Court of Australia invoked the reasoning in White v White as a justification for suggesting that the doctrine of special contributions should be reconsidered. To evaluate these developments, it is necessary to understand the similarities and differences between English and Australian law on property division, and the history of assessing contributions in Australia. The article concludes by evaluating the arguments for and against the notion of special contributions.
Number of Pages in PDF File: 14
Keywords: Family, Property Division, Divorce, Contributions
JEL Classification: K39
Date posted: October 18, 2006