Australia: Family and Matrimonial

The Supreme Court of Victoria decided that the plaintiff’s attempt to contest the construction of deeds, after allowing an appeal to the Supreme Court of Victoria Court of Appeal and the High Court of Australia, on alternative grounds for appeal, has amounted to an abuse of process.

The recent NSW decision determined proceedings brought by Mr Lofts (plaintiff) against Lawcover (insurer), regarding incorrect advice given by the plaintiff’s solicitor in relation to the transfer of property in a joint tenancy structure after death.

A recent UK Court of Appeal decision involving a former manager of the Australian band INXS and a wealthy international family dispute has brought renewed attention to the fundamental importance of full and frank financial disclosure in family law proceedings. The decision carries important lessons for Australian parties about transparency, finality and the treatment of gifts and inheritances in family law matters.