Family Law

Estate of the late Carney & Carney [2019] FamCAFC 166 (4 October 2019)

Appeal by the estate of the deceased husband against property settlement orders.  The primary judge found that contributions of the husband and the wife to their property and to the welfare of the family were equal.  The primary judge made a 10 per cent adjustment in favour of the wife.  The appeal questioned if the Judged erred in granting this adjustment and whether the adjustment made by the primary judge was out of all proportion to the wife’s needs.  Where the adjustment made was not out of all proportionality to the likely expenses of the wife it was decided the primary judge was within the ambit of a reasonable exercise of discretion.  It as decided that the  primary judge engaged with and made relevant findings in relation to disputed issues as to contributions.  Where the premises on which the estate’s contentions are based