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

Surrogacy and Medicare: Why the Outdated Exclusion Needs to Go

In this episode of the Australian Family and Fertility Law Podcast, Stephen Page dives into a long-overdue issue: the exclusion of surrogacy from Medicare funding in Australia.

Resolving Australian Embryo Disputes

At the 27th Annual Family Law Conference in Cape Town on 28 March 2025, leading fertility and family law expert Stephen Page delivered a landmark presentation on how Australian law approaches embryo disputes.

Importing Sperm into Australia. Where Does it Come From?

In this eye-opening video, Stephen Page breaks down the surprising reality behind sperm donation in Australia — and why we rely so heavily on imports.

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