AIELLO & AIELLO

In *Aiello & Aiello*, the Full Court of the Family Court of Australia considered a property settlement dispute between a husband and wife. The primary dispute concerned the division of marital assets, with the husband also seeking to rely on a summary of post-separation expenses he had allegedly paid on behalf of the wife and child.

The court was required to determine the appropriate percentage division of the parties' property pool, taking into account their respective contributions and the impact of certain financial circumstances on the wife's future capacity. Additionally, the court had to decide whether the husband's summary of expenses was admissible as evidence, particularly in light of its lack of verifiable source documentation and its compliance with the *Evidence Act 1995* (Cth).

Rees J found that while the parties' contributions during the marriage were assessed as equal, the husband had made substantially greater initial contributions. The husband's income was derived from several rental properties, and the wife's capacity to work was limited due to her significant caring responsibilities for a child with a chronic illness. Consequently, contributions were assessed at 65 per cent to the husband and 35 per cent to the wife, with a further 5 per cent adjustment in favour of the wife under section 75(2) of the *Family Law Act 1975* (Cth) due to these circumstances. The husband's summary of expenses was not permitted to be relied upon as it was not a verifiable summary of source documents under section 50 of the *Evidence Act 1995* (Cth).

The court ordered the husband to pay the wife a net sum of $944,674 within 60 days, with a provision for the sale of a property if payment was not made by the due date. The wife was to be solely entitled to property in her possession, while the husband was to retain specific real estate and other personal property. The husband was also ordered to pay the wife $400 per week in spousal maintenance until the property settlement was finalised and his child support income was assessed at $140,000 per annum.