ALLEN & ALLEN

In the matter of ALLEN & ALLEN, the applicant husband sought interim property orders against the respondent wife. The dispute concerned the valuation and treatment of an estate in remainder in a property acquired by the wife after the parties' separation, to which the husband had made no financial contribution. The wife's parents, MR F and MS O, were joined as second respondents.

The primary legal issue before Judge Scarlett was whether the wife's estate in remainder constituted a financial resource to be considered under section 75(2) of the *Family Law Act 1975* (Cth) when determining property settlement. A secondary issue arose concerning the admissibility of evidence relating to discussions at a conciliation conference, which had been included in an affidavit.

Judge Scarlett determined that the estate in remainder was a financial resource to be taken into account under section 75(2) of the *Family Law Act 1975* (Cth), notwithstanding the husband's lack of contribution to its acquisition. The court also ruled that evidence of discussions at a conciliation conference was inadmissible.

The court ordered that the wife's parents be joined as second respondents and that within one month, the parties were to take all necessary steps to obtain a valuation of the wife's estate in remainder. The parties were further ordered to instruct a specified company to prepare the valuation and to pay the costs of this valuation in equal shares within fourteen days of the order.