Type:	Journal Article
Title:	The verdict on Kennon: failings of a contribution-based approach to domestic violence in Family Court property proceedings
Other Titles:	Alternative law journal
Authors:	Middleton, Sarah
Keywords:	Economic costs;Family law
Year:	2005
Publisher:	Legal Service Bulletin Co-operative Ltd
Citation:	30 (5), October 2005
Notes:	Journal is supported by Faculty of Law, Monash University. General Overview: :The Australian Family Law Act:requires the Family Court to assess both the contribution a person has made to the property of the marriage, and their financial needs. This article considers how the Court has dealt with the effects of domestic violence on contributions and needs. Discussion: :In the early days of the Family Law Act:, domestic violence was held to be relevant to the financial needs of a person but the focus was on permanent physical injuries. In 1997, the Court held in the case of Kennon:that domestic violence was also relevant in assessing the contributions the victim made to the property. However the principle is difficult to apply, has produced some arbitrary outcomes and has not improved financial outcomes for victims of domestic violence. The author suggests that the approach taken in the Kennon case should be abandoned and the consequences of domestic violence should be dealt with when assessing the financial needs of the victim. Financial needs can encompass the need for health services and the impact of psychological injury on earning capacity. This approach would shift the emphasis from whether abuse occurred to the impact of abuse.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12517
ISSN:	1037-969X
Appears in Collections:	Journal Articles

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