How Section 26 Modifies the Equal Sharing Principle: A Closer Look at Recent Case Law and Implications

Wednesday, 12 March 2025
Description

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Chair

Jeremy Sutton, Barrister, Bastion Chambers 

Sections 13 and 26 Property (Relationships) Act 1976

 

  • Consider the use and limits on Section 13 and how the Courts are applying the test of whether equal sharing is “repugnant to justice” in a modern context 
  • Examine how this Section 26 is being applied by the Courts and how it might be used (and potentially misused) in cases 

Presented by Jo Hosking, Barrister, Lakes Chambers

Learning Objectives:
  • Understand how courts apply s13 to depart from equal sharing where it is “repugnant to justice”
  • Examine the current use and potential misuse of s26 in relationship property disputes

Presenters


Jo Hosking, Barrister, Lakes Chambers
Jo was admitted to the bar in 1998 and has practiced mainly in Family Law since then. In recent years Jo's interest has become focused on relationship and trust property and spousal maintenance cases. She has appeared in the Family Court, High Court, Court of Appeal and (as instructing solicitor) in the Supreme Court. Jo enjoys the strategic and commercial aspects of relationship property dispute resolution and working collaboratively to find solutions to relationship property problems. Jo has recently been appointed to update Fisher on Relationship Property (Chapter 11 Relationship Property And Trusts). Jo also undertakes lawyer for child work in the Rotorua Court. Since September 2015 Jo has been practising as a barrister in based in Rotorua where she was previously a partner in a specialist family law firm.


Jeremy Sutton, Barrister, Bastion Chambers
Jeremy is a senior family lawyer, who assists with high net worth, financially complex divorce cases. He has a particular expertise in cases that involve trusts, businesses and significant investment portfolios. Jeremy is known for his pragmatic approach in divorce negotiations. He represents his clients personally at round table meetings and in mediation. He frequently appears in the Family Court, High Court and sometimes the Court of Appeal. Jeremy has until recently, been the convenor of the Auckland Family Courts Association. He is also a lecturer at the College of Law and runs workshops for New Zealand’s law students. Jeremy’s opinions are often sought by news media. He currently has a column in the business section of the New Zealand Herald, called The Ex-Files. He has made many presentations at legal gatherings throughout Australasia. His papers, on a variety of topics, are in the LexisNexis Family Law Guide. Jeremy is married with three young children.

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How Section 26 Modifies the Equal Sharing Principle: A Closer Look at Recent Case Law and Implications

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