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ARTICLE · 06 MAY 2020

Mabb v Mabb – A caution about gift giving

Cooper Grace Ward
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Whilst the normal rule is that gifts to a couple are taken to be a contribution by the related spouse only, this case differed.

AustraliaFamily and Matrimonial
Justine Woods
Justine Woods
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Mr and Mrs Mabb were married for around 12 years. During their marriage, Mr Mabb's parents transferred 60 acres of land to them jointly.

After they separated, Mr Mabb argued that the transfer of property was a contribution made on his behalf, for which he ought to receive all the credit for and accordingly, a greater portion of the property pool.

What did the Court decide?

The trial judge disagreed with Mr Mabb and held that the transfer of acreage by his parents was a contribution made jointly with Mrs Mabb.

Mr Mabb was so dissatisfied by the trial judge's decision that he appealed to the Full Court of the Family Court. Unfortunately for Mr Mabb, the Full Court agreed with the trial judge.

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