Equity, the Free Market and Financial Agreements in Family Law: Thorne v Kennedy

Abstract

Thorne  v Kennedy (2017) 91 ALJR 1260; [2017] HCA 49 is of interest to equity lawyers, to family lawyers and to couples who have entered into or are contemplating entering into financial agreements. In Thorne the High Court skilfully traversed the boundaries of “control” and “choice” in the context of intimate relationships and highlighted equity’s special and nuanced role in defining those boundaries. The case is thus reassuring for vulnerable parties to financial agreements. It is, however, troubling for monied parties seeking to protect their assets through such agreements. The case also poses a challenge to recent federal government policy as it represents a setback to the wider trend in..