Mallet v Mallet [1984] HCA 21

ON 10 APRIL 1984, the High Court of Australia delivered Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605 (10 April 1984).

Equality had long been the starting point when dividing matrimonial property on divorce.  The High Court in this case held that there is not to be a presumption of equality and that each case is to be determined upon a consideration of it’s particular circumstances.

Section 79(4) of the Family Law Act 1975 (Cth) requires consideration of the financial contributions, non-financial contributions and parental and/or homemaker services.

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