Landmark decision of Full Family Court in Fields & Smith

The much awaited decision of the Full Family Court in Fields & Smith [2015] FamCAFC 57 was handed down on 17 April 2015. https://jade.barnet.com.au/Jade.html#article=389655

In holding that there should be an equal distribution of the parties’ assets, the Court confirmed that there is no binding rule of “special contributions” and endorsed the view of the Full Court in Hoffman & Hoffman [2014] FamCAFC 92 where the Court said at paragraph 52:

“… we consider that the point being made is that there is no principle or guideline (or indeed anything else emerging from s 79), that renders the direct contribution of income or capital more important – or “special” – when compared against indirect contributions and, in particular, contributions to the home or the welfare of the family…”

At paragraph 187 of Fields & Smith the Court said:

187. In this case, the contributions of both parties over a lengthy period were substantial and significant. The wife’s contributions to the welfare of the family are in themselves significantcontributions and s 79 does not suggest that one kind of contribution should be treated as less important or valuable than another.

Commenting on the case, in the Australian of 20 April 2015, well- known family lawyer Paul Doolan noted inter alia that:

“In cases involving high-net-wealth parties who built up their assets together, the fact that one party produced the income during the relationship is not to be seen as more important than the role played by the other in making contributions to the family.”