Federal Magistrate Court case – money tied up in a loan account

Federal Magistrate Court case – money tied up in a loan account

In the recent Federal Magistrate Court case of Baxter and Warren, Federal Magistrate Howard awarded the wife 20% of the property when the parties had been together for just over 3 years, but when it was clear that she had significant ongoing health problems.

Out of a pool of about $290,000, about $280,000 was held by the husband in a loan account in a discretionary trust- which he did not control but was controlled by his father.

His Honour found that the trust was the father’s entity but that it was a “certainty” that the husband could receive the whole of the $280,000 if he sought it.

His Honour considered that the wife spending $45,000 post-separation was legitimate in light of her health needs, and that she was worse off financially than before the marriage, but in light of the division of property declined her application for spousal maintenance.

His Honour divided contributions 90/10 in favour of the husband and added another 10% adjustment to the wife under s.75(2) factors.

Things to Read, Watch & Listen

Monash IVF Mix-Up & Fertility Law Shake-Up in Queensland

In recent months, Queensland has seen two major incidents that have sent ripples through the assisted reproductive technology (ART) community, highlighting the delicate nature of fertility treatments and the urgent need for thoughtful regulation.

World’s IVF clinics: protecting human rights is front and centre for all IVF

Yesterday, 29 April, Fertility Societies of the world agreed that valuing human rights was central to the practice of assisted reproductive technology around the world.

Monash IVF Scandal: What Went Wrong and What Happens Next?

In this episode, Stephen dives into the shocking events surrounding the recent Monash IVF case in Brisbane, where a tragic embryo mix-up occurred — the first of its kind in Australia.

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board