never mind the law feel the politics - Family Court of Australia

8however, the doctrine of special contributions and special skills as suchwas not the subject of argument before it 24 .THE AUSTRALIAN CASES13. It is convenient to commence with an evaluation of Mallet whichrepresented a turning point as well as judicial acknowledgment of specialcontributions. The High Court decision “was significant in determining thatthere was no rule, principle or guideline that where assets were built up bythe joint efforts of the parties to a marriage over a significant period,equality was a convenient starting point. As Mason J said in that case, itobscured the need to make an evaluation of the respective contributions ofthe husband and wife.” 2514. The judgments in Mallet continue to serve as a useful starting point for ashort survey, up to that time, of Australia’s Family Law Act. In hisjudgment, Gibbs CJ described the moment at which the legislation, whichgave the new Family Court extensive powers in relation to property, wasenacted:“The Family Law Act was passed at a time when great changes hadoccurred, and were continuing to occur, in the attitudes of many membersof society to marriage and divorce, but when it was (as it is now) difficult,if not impossible, to say that any one set of values or ideas is commonlyaccepted, or approved by a majority of the members of society.” 2615. One version of the Family Law Bill 1974 “strongly reflected the view thatfinancial arrangements between parties to a marriage should be finalisedat the time of the divorce; from that time on, each should control his or her24 At first instance, Carter J found that the husband’s inheritance was a special contribution in thesense discussed in McLay v McLay (1996) FLC 92-667. The Full Court said that her Honourerred in finding that the husband’s inheritance was a ‘special factor’ (par 55, 56 and 58). It wasundoubtedly a very substantial financial contribution.25 Guest J, ‘Special contributions: Inheritances, Windfalls and the like – are they special?’, 1999Family Law Residential, Hyatt Regency, Coolum, Property Stream, at p 2