A lesson from the fellow in Iannello

Following the Australian decision of Iannello and Iannello (No.3) [2018] FCCA 3752   Sarah Basso and Rachel Roberts look at the approach of England and in respect of orders in matrimonial proceedings directing a party to make a payment of their bonus to their (former) spouse.

The facts in Iannello and Iannello

In Iannello and Iannello (No.3)  the husband sought an interim order that he be paid half of any employment bonus that the wife received from her current employer. The characterisation of such payment to the husband if ordered was to be left until the final trial. However the court’s power to make a property adjustment was submitted (on behalf of the husband at the hearing) as the jurisdictional basis for the application. This is discussed further below.   

The parties had married in 2004 and separated on a final basis in February 2018 (Iannello & Iannello [2018] FCCA 3528). At the time of the hearing in September 2018 the husband was 54 and the wife 37. The husband was not in paid employment having ceased employment in April 2013. The husband’s evidence was that he was...

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