Alexiou and Alexiou

The parties, Mr and Ms Alexiou, sought property settlement orders from the Family Court of Australia following their separation after 16 years of marriage. While they agreed their contributions were equal, disputes arose concerning "add-backs" to the asset pool and adjustments under section 75(2) of the Family Law Act 1975 (Cth). A significant issue involved the wife's application for a departure order regarding child support, specifically concerning private school fees.

The court was required to determine whether certain expenditures by the wife, particularly of trust proceeds and funds used for private school fees, should be treated as notional assets for the purpose of property division. Additionally, the court had to consider the appropriateness of the husband contributing to the children's private school fees, given the parties' financial circumstances and the husband's assertion of inability to afford them. The court also needed to finalise property division orders, taking into account a partial property order agreed upon by the parties during the hearing.

The court reasoned that the wife's expenditure of trust proceeds for private school fees would not be treated as a notional asset to be added back to the pool, as these were legitimate expenses for the children's education. The wife's application for a departure order to compel the husband to contribute to the children's private school fees was refused, with the court finding that the husband's financial position did not support such an order. The court made final property orders, including the transfer of properties and a vehicle between the parties, and a payment of $120,000 from the husband to the wife, secured against the husband's retained property. The parties were also ordered to jointly appoint an accountant to wind up two companies.