In Shinohara v Shinohara [2025] FedCFamC1A 126, the Full Court confirms that, as a result of the amendments made by the Family Law Amendment Act 2024, it is no longer possible to include property that no longer exists in the hands of either party as an add back on the balance sheet.

This case involved an appeal against orders made by a judge of the Federal Circuit and Family Court of Australia in property settlement proceedings between a husband and wife, where the husband’s parents were the second and third respondents.

This case concerns an application by the de facto husband under s 90SM of the FLA; he asserts that the de facto wife has existing property interests as a beneficiary under a discretionary trust. The de facto husband is not and has never been a beneficiary under the relevant family trust.