Oceania: 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.

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.

This case is an important reminder about the potential for the Court to ignore liabilities, even where they are secured.