What’s a Kennon case and why should it matter?
A review of Kennon v Kennon
BENSON & DRURY [2020] FamCAFC 303
FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made significantly more arduous by the family violence perpetrated by the appellant – Where the primary judge was required to take a holistic approach and not make an adjustment, based upon the Kennon argument, against the remaining contributions – Where, notwithstanding the error, there had been no miscarriage of justice and a rehearing should not be ordered – Where the primary judge did not err in the assessment of the appellant’s initial contribution of real estate – Appeal dismissed – Costs awarded in a fixed sum.
JABOUR & JABOUR | [2019] FamCAFC 78
FAMILY LAW – APPEAL – PROPERTY – Contribution-based entitlements – Initial contributions – Where equal contributions made over a long period of time – Where property to be divided was rezoned and increased in value – Approach to the apportionment of the increase in value of the assets initially contributed discussed – Where the initial purchase of the property was a springboard for what occurred subsequently – Where increase in value of property through rezoning did not favour one party over the other – Weight to be attached to initial contribution to be assessed against rubric of all contributions made by the parties – Post-separation contributions – The weight afforded to a number of post-separation contributions – Procedural fairness – Appeal allowed – Orders set aside – Re-exercise – Where the primary judge assessed the husband’s contributions at 66 per cent – On re-exercise husband’s contributions assessed at 53 per cent.
FAMILY LAW – COSTS – Husband to pay wife’s costs.
The National Domestic and Family Violence Benchbook
Thanks to https://www.mondaq.com/australia/family-law/1038736/the-kennon-rule-and-its-proper-interpretation-in-relation-to-the-financial-consequences-of-family-violence
19 February 2021
by Suzanne Lang
Coleman Greig Lawyers