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Hall v Hall

[2016] HCA 23
Judgment date
Case number
A7/2016
Before
French CJ, Gageler, Keane, Nettle, Gordon JJ
Catchwords

Family law – Family Law Act 1975 (Cth) – Spousal maintenance – Conditions for making or discharge of interim spousal maintenance orders – Interim spousal maintenance order in favour of wife – Application to discharge by husband – Where wife's father's will expressed wish that wife receive voluntary annual payment from family business controlled by wife's brothers – Meaning of "financial resources" under s 75(2)(b) – Whether confined to present legal entitlements – Whether finding open on evidence that wife able to support herself adequately – Whether just cause for discharge of spousal maintenance order.

Courts and judges – Procedural fairness – Whether party on notice of possibility of factual finding being made – Whether party denied opportunity to lead further evidence.

Words and phrases – "financial resources", "source of financial support", "support himself or herself adequately".

Family Law Act 1975 (Cth) – ss 72, 74, 75, 83.

Files
23.rtf (237.66 KB)
23.pdf (186.61 KB)