Case of James & James [2013] FCCA 1188 (23 August 2013)
This case involved a 20 year marriage where the husband and wife performed ”traditional” roles, with there being two children of the marriage and an asset pool of approximately $400,000.
Before the Court, applying section 79 of the Family Law Act, Justice Phillips adjusted the parties’ equality of contributions by 5 per cent in favour of the wife as the husband had “wasted” the parties’ assets during the marriage through “gambling and associated expenditure on alcohol and food”.
Judge Phipps (at [61]-[62]) made further adjustments in favour of the wife applying section 75(2) of the Act due to the small pool of assets; the husband’ constructing a house while the wife and children were renting,; wife’s cost of raising the children, plus the disparity of income.