Kenyon v Akeroyd

[2008] VSCA 277

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Property
2. › De facto relationships
3. › Adjustment of property interests
4. › Part IX Property Law Act 1958 (Vic)
5. › Assessment of contributions
6. › Non-financial contributions
7. › Homemaker and parent contributions
8. › Whether contributions should be valued by reference to commercial rates
9. › Whether contributions of breadwinner and homemaker should be treated as reciprocal and equal
10. › Property Law Act 1958 (Vic), s 285
1. Appeal
2. › Standard of appellate review
3. › Appeal from exercise of judicial discretion
4. › Whether error of the kind referred to in House v The King identified
5. › Concession of error
6. › Re-exercise of discretion by appellate court

Quick Take

Homemaker and parent contributions in de facto property adjustment proceedings under Part IX of the Property Law Act 1958 (Vic) must not be valued by reference to commercial rates for cleaning or domestic services. In relationships operating as a shared undertaking, the appropriate starting point is to treat the contributions of breadwinner and homemaker as reciprocal and equal, though the circumstances of particular cases may warrant a different approach.