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 themâ€. 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.