The kidney divorce: how do you assess “property”? What are “contributions”?

The kidney divorce: how do you assess “property”? What are “contributions”?

The Family Court has told us time and time again that under the Family Law Act there is a four step regime to assessing property settlement:

  1. identify and value the net property and financial resources of the parties
  2. assess and weigh up the financial and non-financial contributions of each of the parties
  3. consider any future factors under section 75(2) of the Family Law Act, then
  4. come up with a result that is fair (or just and equitable, to use the jargon).

It’s in that context that we have the bizarre case of Richard and Dawnell Batista from New York. Dawnell is a nurse who has accused her husband, Richard of domestic violence. It appears that Dawnell had kidney disease. When her donated kidney stopped working, Dawnell received another.

Her version is…

That her sister donated it. But wait on- that failed- so he donated it.

His version is…

That he donated it.

And he wants…

US$1.5 million in compensation because the kidney:

  • was an item of “property”;
  • the chance of success in the donation was 1 in 700,000;
  • its “value” had been assessed by an “expert”;
  • if he had not donated the kidney then his wife would have died, and therefore it was a substantial contribution by him;
  • and if he can’t get the money, in theory he wants the kidney returned!

Imagine that if the judge does find that the husband did contribute the kidney- is it property? Clearly it would be a non-financial contribution, but what weight would be given to that contribution? Can a kidney be valued as the expert is alleged to have said?

And to top it all off…

Unlike Australia, where section 121 of the Family Law Act prevents identification of the parties in court proceedings, the parties and their lawyers are filmed leaving the court. The lawyers for each of the parties have plenty to say why their client is right (and the other client is wrong).

To see the video of what the lawyers say, click here.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

How the family court decides parenting cases: the best interests test explained

When parents cannot agree about arrangements for their children, the central question for the Federal Circuit and Family Court of Australia is not what either parent wants. It is what arrangements are in the best interests of the child. This is the paramount consideration under the Family Law Act 1975. It applies whenever a judge… Read More »How the family court decides parenting cases: the best interests test explained

Surrogacy in Iran: a complex and risky journey

Surrogacy in Iran is not a mainstream pathway for Australians, and at present it carries obvious travel, legal and practical risks. Yet for a small group of Iranian-Australian families, it has been a pathway to parenthood that feels culturally familiar, has access to sophisticated IVF treatment, and can result in an Australian child returning home… Read More »Surrogacy in Iran: a complex and risky journey

Surrogacy in Nigeria: the legal risks for Australians

Surrogacy in Nigeria is becoming a consideration for some Australian intended parents, particularly Australians with Nigerian heritage who are looking to build their family in their country of origin. Nigeria is a large, diverse and increasingly visible destination for international surrogacy. However, it is also a destination that requires exceptional care. The central issue is… Read More »Surrogacy in Nigeria: the legal risks for Australians

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