Injury from Relationship and how damages are considered during Property Settlement

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Vicki21

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6 May 2021
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I was injured during my relationship with my ex. I was his full time carer and suffered vertebrae injury that persists today. I also suffered psychological injury that is long term now. I suffer pain and I’m not able to work full time and have expected medical costs related to the i furies. We are now separated and going through Final Property Settlement through Family Law Court. Does the Family Law Court consider injuries and claims for damage/damages or does that need to go via a seperate civil action for Injury and Damages?
 

Atticus

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6 February 2019
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I was injured during my relationship with my ex. I was his full time carer and suffered vertebrae injury that persists today.
So the first question is whether or not these injuries were caused by violence, or as a result of your caring responsibilities, ie, moving your ex around for example..

If it's the former, it's *possible* that an adjustment can be made in your favour using what's commonly known as the Kennon argument .... That said, (depending on the size of the property pool) if it's contested, any legal costs may be equal to or greater than the adjustment you receive.

If it's the later, & you can show that the injuries were a direct result of caring for your ex, AND it will affect future earning capacity/potential, then an adjustment can be made under section 75 of the act to take into account the likley impact the injuries will have on your life moving forward.... In either case, you will need to see a family law solicitor to go over all the facts & figures to see what is possibe.
 
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Vicki21

Member
6 May 2021
2
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So the first question is whether or not these injuries were caused by violence, or as a result of your caring responsibilities, ie, moving your ex around for example..

If it's the former, it's *possible* that an adjustment can be made in your favour using what's commonly known as the Kennon argument .... That said, (depending on the size of the property pool) if it's contested, any legal costs may be equal to or greater than the adjustment you receive.

If it's the later, & you can show that the injuries were a direct result of caring for your ex, AND it will affect future earning capacity/potential, then an adjustment can be made under section 75 of the act to take into account the likley impact the injuries will have on your life moving forward.... In either case, you will need to see a family law solicitor to go over all the facts & figures to see what is possibe.
Thank you so much fot this information.
My injuries are both a result of domestic violence (psychological, emotional with CSA material also involved that led to me living in constant fear and led to Panic attacks and complete nervous breakdown and now suffer CPTSD). My injuries are also result of caring for my former defacto partner who was 30 years older than me; had a muscle wasting disease, cancer, kidney failure and I was required to lift him out of bed, off chairs, lift his heavy mobility scooter- causing injury to my hip and spine.
I have been to a family lawyer and provided a lot of evidence and medical notes. But I don’t think she understands the situation or the impact this had on my contributions and now my future earning capacity greatly affected. Do you know any solicitors in NSW who are more experienced with s79 that you mention and the Kennon Arguememt ?
 

Atticus

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6 February 2019
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Do you know any solicitors in NSW who are more experienced with s79 that you mention and the Kennon Arguememt ?
Sorry I don't, but any family law solicitor will be quite familiar with s75(2) considerations. Your case could well be complicated by your ex partners own health & earning capacity issues... Kennon arguments can be protracted & costly. You are possibly much better off just seeking s75(2) adjustments.