Kennon v Spry

Family law – Courts having jurisdiction in matrimonial causes - Powers - Jurisdiction under s 79(1) of Family Law Act 1975 (Cth) to make orders - "Proceedings with respect to the property of the parties to the marriage or either of them" - Definition of "property" of parties to marriage - Whether right of wife with respect to due administration of trust and discretionary power of husband to appoint whole of trust assets to wife constituted part of the property of the parties to the marriage.

Family law – Courts having jurisdiction in matrimonial causes - Powers - s 85A of Family Law Act 1975 (Cth) - Court's power to make orders respecting property the subject of "ante-nuptial or post-nuptial settlements made in relation to the marriage" - Whether contributions by parties to existing trust are post- nuptial settlements - Whether just and equitable - Interests of third parties.

Family law – Courts having jurisdiction in matrimonial causes - Powers - s 79(1) of Family Law Act 1975 (Cth) - Whether "parties to the marriage or either of them" includes reference to persons who were parties to marriage since dissolved before court makes an order - Power of court to proceed in property settlement "as if" changes to property rights otherwise brought about by anterior divorce had not yet occurred.

Family law – Divorce and other matrimonial causes - Division of assets - Trusts and trustees - Wife one of the class of objects of discretionary trust - Right in equity to due administration of trust - Whether existence of such a right depends on entitlement to any fixed and transmissible beneficial interest in trust fund.

Statutory construction – Family Law Act 1975 (Cth) - Policy regarding contributions to property - Relevance to provisions relating to orders with respect to settlement of property.

Statutory construction – Family Law Act 1975 (Cth) - s 85A - Purposes with respect to settlement - Degree of association ("made in relation to") between settlement of property and marriage.

Words and phrases – "ante-nuptial or post-nuptial settlements" "made in relation to" "parties to the marriage or either of them" "property" "with respect to the property of the parties to the marriage".

Family Law Act 1975 (Cth) – Pt VIII, ss 4, 79, 80, 85A, 106B.