By Peter Hannan*
In this article the author considers the width of the concept of “property” for the purposes of s 79 of the Family Law Act 1975 (Cth) in light of the 2008 decision of the High Court in Kennon v Spry, and also the subsequent litigation between the parties. While the case of Kennon v Spry addressed wider principles concerning property, trusts and equity, it essentially turned on the construction of s 79 of the Family Law Act, particularly the scope of the phrase “property of the parties to the marriage or either of them”. And the majority judgments, in the author’s view, must be regarded as an extension of the law and reach of s 79.
The full article can be accessed here: “Kennon v Spry: An extended reach for s 79?” (2010) 1 Fam L Rev 18.
* Peter Hannan, Barrister, John Toohey Chambers, Perth.