Surviving The Legal System With a Psychopath in Australia

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What’s a Kennon case and why should it matter?

A review of Kennon v Kennon

BENSON & DRURY  [2020] FamCAFC 303

FAMILY LAW – APPEAL – PROPERTY – Kennon argument – Where the primary judge assessed an adjustment of 5% – Whether the primary judge erred in the way her Honour took into account contributions made by the respondent that had been made significantly more arduous by the family violence perpetrated by the appellant – Where the primary judge was required to take a holistic approach and not make an adjustment, based upon the Kennon argument, against the remaining contributions – Where, notwithstanding the error, there had been no miscarriage of justice and a rehearing should not be ordered – Where the primary judge did not err in the assessment of the appellant’s initial contribution of real estate – Appeal dismissed – Costs awarded in a fixed sum.

JABOUR & JABOUR | [2019] FamCAFC 78

FAMILY LAW – APPEAL – PROPERTY – Contribution-based entitlements – Initial contributions – Where equal contributions made over a long period of time – Where property to be divided was rezoned and increased in value – Approach to the apportionment of the increase in value of the assets initially contributed discussed – Where the initial purchase of the property was a springboard for what occurred subsequently – Where increase in value of property through rezoning did not favour one party over the other – Weight to be attached to initial contribution to be assessed against rubric of all contributions made by the parties – Post-separation contributions – The weight afforded to a number of post-separation contributions – Procedural fairness – Appeal allowed – Orders set aside – Re-exercise – Where the primary judge assessed the husband’s contributions at 66 per cent – On re-exercise husband’s contributions assessed at 53 per cent.

FAMILY LAW – COSTS – Husband to pay wife’s costs.

The National Domestic and Family Violence Benchbook

Thanks to https://www.mondaq.com/australia/family-law/1038736/the-kennon-rule-and-its-proper-interpretation-in-relation-to-the-financial-consequences-of-family-violence

19 February 2021 

by Suzanne Lang

Coleman Greig Lawyers


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Ever wondered why so many victims and family law parties get less than the outcome they were told they’d get?

It’s because family lawyers don’t do strategy.

If they played mini golf a tad more they’d understand the analogy.

Once you get it, you’ll never forget it.


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Snobbery? Legal practice? A protective measure?

Find out why some will, and some won’t, talk to a client.


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Rice and Asplund particularly applies in final parenting orders, which the court recognises are never really final. 

Rice and Asplund is the case that set the framework for what the court should consider when assessing an application to reopen final orders. 

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Sarah Middleton[*]

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Section 121 of the Family Law Act is one of the most controversial aspects of this jurisdiction. It’s not well understood, and in this episode we try to clarify what it’s purpose is, how long it applies, and why it’s an important protective measure for children and victims. 

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FAMILY LAW ACT 1975 - SECT 121
Restriction on publication of court proceedings

             (1)  A person who publishes in a newspaper or periodical publication, by radio broadcast or television or by other electronic means, or otherwise disseminates to the public or to a section of the public by any means, any account of any proceedings, or of any part of any proceedings, under this Act that identifies: 

                     (a)  a party to the proceedings; 

                     (b)  a person who is related to, or associated with, a party to the proceedings or is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate; or 

                     (c)  a witness in the proceedings; 

commits an offence punishable, upon conviction by imprisonment for a period not exceeding one year.


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When there’s an error in your orders, what do you do?

Can it be fixed?

Yes it can!

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FAMILY LAW RULES 2004 - RULE 17.02

Varying or setting aside orders

             (1)  The court may at any time vary or set aside an order , if: 

                     (a)  it was made in the absence of a party; or 

                     (b)  it was obtained by fraud; or 

                     (c)  it is interlocutory; or 

                     (d)  it is an injunction or for the appointment of a receiver; or 

                     (e)  it does not reflect the intention of the court; or 

                      (f)  the party in whose favour it was made consents ; or 

                     (g)  there is a clerical mistake in the order; or 

                     (h)  there is an error arising in the order from an accidental slip or omission. 

             (2)  Subrule (1) does not affect the power of the court to vary or terminate the operation of an order by a further order.


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It can be pretty confusing trying to figure out why some are barristers, and others are solicitors.

It’s like being  GP and being called Dr, or a surgeon and being a Mister.

Here we try to unpack it so you can get some understanding of what’s what and who’s who in the legal zoo.


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I hear this all the time…and we’re going to address it and set the record straight on why your judge just can’t act unilaterally, or make serious decisions without a final trial.



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Do you feel like a muppet when doing the head bob in court?

There’s a reason it’s done, and it’s not why you think it is.

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In this episode we help you understand where to sit, and why, when you go to court, because it’s confusing enough without feeling like a tourist in your own case.

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