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Introduction: Lambert and lampposts: the end of equality in Anglo-Australian matrimonial property law

Ingleby, Richard 2005, Introduction: Lambert and lampposts: the end of equality in Anglo-Australian matrimonial property law, International journal of law, policy, and the family, vol. 19, no. 2, pp. 137-147, doi: 10.1093/lawfam/ebi010.

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Title Introduction: Lambert and lampposts: the end of equality in Anglo-Australian matrimonial property law
Author(s) Ingleby, Richard
Journal name International journal of law, policy, and the family
Volume number 19
Issue number 2
Start page 137
End page 147
Publisher Oxford University Press
Place of publication Oxford, UK
Publication date 2005
ISSN 1360-9939
1464-3707
Summary This contribution introduces the volume by classifying the collection into 3 categories: (i) examinations of the area of property law which focus on the relationship between the decisions in White, Figgins and Lambert; (ii) reactions to the implications of McFarlane, Parlour for the evolution of spousal maintenance; (iii) more general theoretical considerations of ‘fairness’. It is argued that the judicial response to the breadth of the discretion provided by the respective legislatures has been to create ‘rules of thumb’; and that the absence of any serious examination of underlying principles has been to permit opportunistic cross-referencing between the jurisdictions. In this context it is argued that (analogously with the introduction of no-fault divorce) the recent attraction of ‘equality’ as a governing principle owes more to the incapacity and/or unwillingness of the forensic process to evaluate contribution in a coherent manner than to any genuine commitment to substantive equality.
Language eng
DOI 10.1093/lawfam/ebi010
Field of Research 180113 Family Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ┬ęThe Author [2005]
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003291

Document type: Journal Article
Collection: Law
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