Kowaliw v Kowaliw[1] is a decision of the Family Court of Australia concerning the distribution of property under the Family Law Act 1975 that discussed the principles for making property orders that deal with assets lost or disposed of prior to hearing.

Kowaliw is the start of a line of authority developed which enables a court to take these losses into account.

I am firmly of the view that financial loss incurred by the parties in the course of the marriage ... should be shared by them (although not necessarily equally) except in the following circumstances: (a) where one of the parties has embarked upon a course of conduct designed to reduce or minimise the effective value or worth of matrimonial assets; or

(b) where one of the parties has acted recklessly, negligently or wantonly with matrimonial assets, the overall effect of which has reduced or minimised their value.

[1]Federal Magistrate Judy Ryan summarised the principles that arise from the case and the line of precedents that followed as: