Legal Insights

Cold Reality for Trust Assets in Family Law Proceedings – Special Leave Denied for Caldwell and Caldwell
Trusts, Succession Planning, Separation and Divorce, Family Law, Family Business Jemimah Fitzgerald Trusts, Succession Planning, Separation and Divorce, Family Law, Family Business Jemimah Fitzgerald

Cold Reality for Trust Assets in Family Law Proceedings – Special Leave Denied for Caldwell and Caldwell

On 10 September 2026, the High Court of Australia refused special leave to appeal the Federal and Family Court of Australia’s judgment of Caldwell and Caldwell [2026]. A disappointing outcome for parties using trust structures for asset protection.

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Preserving Intergenerational Wealth Reconsidered: Key Implications of the Full Court’s Decision in Caldwell and Caldwell
Family Business, Family Law, Separation and Divorce, Trusts, Succession Planning Alasdair Woodford Family Business, Family Law, Separation and Divorce, Trusts, Succession Planning Alasdair Woodford

Preserving Intergenerational Wealth Reconsidered: Key Implications of the Full Court’s Decision in Caldwell and Caldwell

Preserving intergenerational wealth is a key consideration when establishing trusts. However, the most recent decision in Caldwell and Caldwell [2026] FedCFamC1A 81 questions the strength of asset-protecting structures in family law proceedings. 

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