Open AccessDisparity in Jack v Jack: Judicial Overreach or a Just Result at Long Last?
Author(s) -
Susannah Shaw
Publication year - 2014
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v45i3.4945
Subject(s) - law , high court , causation , property (philosophy) , political science , sociology , law and economics , economics , philosophy , epistemology
This article discusses the approach taken to enhanced income awards under s 15 of the Property (Relationships) Act 1976 in the recent decision of the High Court in Jack v Jack. The Court upheld the Family Court's award of 70 per cent of the relationship property pool to Mrs Jack to compensate her for economic disparity arising out of the division of functions in the relationship, on the basis she helped Mr Jack enhance his career and sacrificed her own earning potential. The author argues that in upholding the Family Court's findings on causation and accepting the broad brush assessment of quantum, the Court has increased the chances of a successful claim for an enhanced income award. In light of the underutilisation of the enhanced income aspect of s 15, this decision is a welcome step towards the fulfilment of the provision's aims.