Critique of Justice Hardie Boys' Paper

Abstract

This article is a critique of Justice Hardie Boys' paper presented in the symposium on Family Property, Law and Policy found in this issue of the Victoria University of Wellington Law Review (Rt Hon Justice Hardie Boys "Judicial attitudes to family property" (1995) 25 VUWLR 31). The author, being a Barrister and Solicitor of the High Court of New Zealand, discusses the paper from the perspective of a customer or client of the Court of Appeal. The article explores three issues. First, the issue of certainty of clients is discussed. Secondly, the issues which permeate into the Court of Appeal are identified. The author notes that there was a trend towards fewer cases ending up in the Court of Appeal. Finally, the position of children in relation to property matters is considered. It is concluded that, although there has been a successful narrowing of the gap, the Matrimonial Property Act was not yet socially acceptable in 1995.