Propagating principles for property matters in an arid landscape: A mirage or oasis?

Brendan Warren Ashdown

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Even within the context of the broad discretion afforded in property settlement proceedings, the development of consistent methodology, principles and guidelines is required to achieve compliance with the rule of law. The informal application, or sub silentio exclusion, of defined methodology, principles and guidelines can only lead to ambiguity and uncertainty which is the antithesis of the rule of law. It is argued that the first fundamental proposition applicable to determine existing property interests directs an initial asset-by-asset approach.This starting point informs the methodology for application of the statute and legal principles to resolve all subsequent issues. In turn, such matters inform the exercise of power within the judicial discretion for the just and equitable alteration of existing interests in property, including whether some property interests require separate consideration or whether any adjustment may be undertaken globally.
Original languageEnglish
Pages (from-to)4-30
Number of pages27
JournalFamily Law Review
Volume6
Issue number1
Publication statusPublished - 2016

Cite this