The High Court has dismissed an appeal from the Full Family Court on spousal maintenance and the meaning of support and ‘financial resources’ under the Family Law Act 1975 (Cth). In late 2013, the primary judge made an interim spousal maintenance order of approximately $10,000 per month pending the final determination of a property settlement and maintenance proceedings between the appellant wife and respondent husband, on the basis that the wife was ‘unable to support herself adequately’ as per s 72 of the Family Law Act. The recently deceased father of the wife had expressed a ‘wish’ that she be paid $150,000 per year Continue reading →

The High Court has allowed an appeal against a decision of the Queensland Court of appeal on negligence and manufacturer’s liability for defective goods in the context of a helicopter crash. The first respondent was severely injured in 2004 when a helicopter manufactured by the appellant crashed due to a loose bolt in the helicopter’s flexplate. The respondents claimed that the maintenance manual provided by the appellants gave inadequate instructions on the method for checking the tightness of the bolts, contrary to the law of negligence and ss 75AD and AE of the Trade Practices Act 1974 (Cth). The trial judge found that the manual was adequate in requiring torque seals Continue reading →