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HHJ Hess (sitting as a deputy High Court judge). Application of the sharing principle and dispute over matrimonial vs non matrimonial property in HNW financial remedy case.
A significant shift in the treatment of domestic abuse within financial remedy proceedings will shortly take effect in Australia. Following Royal Assent on 10 December 2024, the Family Law Amendment (No 2) Act 2024 will introduce reforms that require courts to account for the impact of family violence on property and spousal maintenance outcomes. The property reform schedule within the legislation will apply to proceedings filed on or after 11 June 2025.
!16/06/2025 08:30
HHJ Hess navigated his way through an Xydhias puzzle. Parties informed the judge they were Xydhias-bound but then argued over (i) a £2m asset, (ii) costs, (iii) an interest provision, and (iv) security. The court’s conclusions, in a nutshell, were that if it had not been raised at the time or in the written agreement, then the court would favour the written agreement.
All of the public sector pension schemes are now further along the process of allowing for the McCloud judgment (public sector pensions remedy) for affected members (typically those with some pensionable service in the remedy period from 1 April 2015 to 31 March 2022). Some of the public sector pension schemes have now commenced issuing Remediable Service Statements to affected members.
!12/06/2025 09:00
HHJ Watkins. A substantive application by the father for a child maintenance order under Schedule 1 of the Children Act 1989 (‘Schedule 1’); [12]. Within the application, the main issue concerned the most suitable jurisdiction for child maintenance dispute resolution. There were two jurisdictions involved in the forum conveniens dispute namely England and Wales and California.
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