Future Needs Strikes Back? Assessing the Consequences of Contributions to De Facto Relationship

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dc.contributor.author Monahan, GI
dc.contributor.editor Adams, M
dc.contributor.editor Barker, D
dc.contributor.editor McGolrick, S
dc.date.accessioned 2009-08-20T14:12:42Z
dc.date.issued 2006-01
dc.identifier.citation 2006 Refereed Published ALTA Conference Papers, 2006, pp. 1 - 12
dc.identifier.other E1 en_US
dc.identifier.uri http://hdl.handle.net/10453/1400
dc.description.abstract While Australia awaits a national regime for property adjustment following the breakdown of a de facto relationship, there has been an interesting development in the assessment of the contributions made by a de facto party which are to the detriment of that party s skills development and career advancement. In the 2005 decision of Howlett v Neilson,1 the NSW Court of Appeal, after acknowledging that the state legislation does not authorise a future needs adjustment, commented that it does permit an examination as to whether the contributions made by a party were made to the detriment of that party s future interests. This interpretation also has implications for Victoria, South Australia and the Northern Territory as their respective legislative regimes, like NSW, omit any reference to prospective considerations that would enable a court to take account of a party s future needs . This deliberate omission arguably indicates a legislative intention to draw a clear legal distinction between marriage and other relationships based on cohabitation. While previous judicial attempts to interpret the NSW legislation as allowing some prospective considerations to be considered for justice and equity reasons have failed, this recent decision promises some hope for a party who makes significant contributions to the relationship to the detriment of his or her skills development and career advancement.
dc.publisher ALTA Secretariat
dc.title Future Needs Strikes Back? Assessing the Consequences of Contributions to De Facto Relationship
dc.type Conference Proceeding
dc.parent 2006 Refereed Published ALTA Conference Papers
dc.journal.number en_US
dc.publocation Lindfield NSW Australia en_US
dc.identifier.startpage 1 en_US
dc.identifier.endpage 12 en_US
dc.cauo.name LAW.Faculty of law en_US
dc.conference en_US
dc.conference Verified OK en_US
dc.conference Legal Knowledge: :Learning, Communicating and Doing
dc.conference.location en_US
dc.for 180113 Family Law
dc.personcode 903627
dc.percentage 100 en_US
dc.classification.name Family Law en_US
dc.classification.type FOR-08 en_US
dc.custom Legal Knowledge: :Learning, Communicating and Doing en_US
dc.date.activity 20060704 en_US
dc.date.activity 2006-07-04
dc.location.activity Melbourne, Australia en_US
dc.description.keywords family, relationships, defacto, contributions, law en_US
pubs.embargo.period Not known
pubs.organisational-group /University of Technology Sydney
pubs.organisational-group /University of Technology Sydney/Faculty of Law
utslib.copyright.status Closed Access
utslib.copyright.date 2015-04-15 12:17:09.805752+10
utslib.collection.history Closed (ID: 3)


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