Family Court of Australia – The court was asked as to the treatment of a lottery win on a divorce.
Held: The prize was a windfall enuring to the benefit of both parties. Mullane J said: ‘My view is that these arguments are misconceived. The $500,000 was a windfall. It is nothing more. It was not the fruit of some labour or skill of the husband. It was not a contribution by him to the matrimonial property. The courts have declined to recognise windfalls during the marriage as contributions by one of the parties . . I do not accept that the lottery winnings should be treated as a contribution by either party. I do not accept that they should be treated differently to any other matrimonial property acquired by the parties during the marriage.’
Mullane J
(1988) FLC 91-920, [1987] FamCA 39
austlii
Australia
Cited by:
Cited – S v AG (Financial Remedy: Lottery Prize) FD 14-Oct-2011
The court considered how to treat a lottery win of andpound;500,000 in the context of an ancillary relief application on a divorce.
Held: The answers in such cases must be fact specific. ‘In the application of the sharing principle (as opposed . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 31 December 2021; Ref: scu.445485