Exercise 001 | Law

Exercise 001

Equity: Jackson v Jackson [1999] NSWSC 229 (26 March 1999)

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Easy questions

  1. What type of case was it - appellate, first instance, criminal, civil?
  2. Why is the term 'plaintiff' used rather than appellant or applicant?
  3. What is the relevance of the term 'Master' (as in Master Macready)?
  4. What were the material facts of the case?
  5. Explain the following terms (using your legal dictionary):
    1. cohabitation
    2. defacto
    3. equity
    4. contemporaneous
    5. affidavit

More difficult questions

  1. What was/were the legal issue/s involved?
  2. What legislation did Master Macready make use of in relation to superannuation?
  3. What reasons did Master Macready give for attaching more credibility to the evidence of the defendant in relation to the incidents of assault?
  4. What was the basis of the defendant's claim in relation to non-economic contributions?
  5. What were the issues taken into account by the Master in assessing the non-financial contributions to the household?
  6. What did the Master consider to be matters that the court should treat separately to demonstrate their seriousness?

Complex questions

  1. How did the Master draw from appropriate cases and apply them in this case?
  2. What does it mean to plead a defence of Statute of Limitations? In what way was this defence used?
  3. What cases did the defendant make use of in relation to the effect of the assaults on the adjustment process?
  4. What case law did the Master consider in determining the significance of initial contributions? How did he reconcile these with the circumstances at hand and come to his conclusion?