AWLA Applies to Intervene in X v X

AWLA recently applied to intervene in a relationship property case (X v X).

The case turns on section 15 of the Property (Relationships) Act 1976 - in particular the correct legal test to apply to the economic disparity provisions.

AWLA's constitution outlines that one of our purposes is reform of the law in the interests of women and children. This is the interest and perspective that AWLA hoped to bring as women lawyers, since whilst the economic disparity provisions in the Act will not always favour women, in the majority of cases they will.

AWLA has previously intervened in cases in this area - notably Z v Z - where the court's decision to refuse to extend claims to future earnings could be seen as a catalyst for the introduction of section 15. X v X provides the court with an opportunity to articulate the tests to apply to section 15, the factors to take into account and the weight to be given to those factors.

AWLA sought leave to intervene in an extremely limited role - only to make submissions on the legal question outlined above. We did not seek to see the parties evidence or propose to make any submissions on the application to the facts in this case. AWLA's role was to be largely neutral as to which of the parties will succeed, but we did see this as an opportunity to provide impartial submissions to the court in order to clarify this developing area of law.

On the 30th of June 2006 a hearing on AWLA's application to intervene was held before Justice Heath. Unfortunately AWLA's application was declined.

Download a copy of AWLA's Submissions

Download a copy of the Judgment

Download a copy of AWLA's Submissions

Download a copy of the Judgment

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