ARTINOS & ARTINOS

In the matter of ARTINOS & ARTINOS, Stevenson J of the Family Court of Australia considered a property dispute between the husband and wife. The core of the disagreement concerned the just and equitable division of their assets.

The court was required to determine whether it was just and equitable to make property division orders, and if so, how the parties' contributions should be assessed. A key issue was whether an adjustment under section 75(2) of the *Family Law Act 1975* (Cth) was warranted, particularly in light of the wife's primary care of the children and her 12-year absence from the workforce.

Stevenson J reasoned that while the parties' direct contributions were assessed at 55 per cent to the husband and 45 per cent to the wife, an adjustment was necessary to reflect the wife's significant non-financial contributions and future needs. The court determined that a 20 per cent adjustment in favour of the wife was appropriate under section 75(2).

Consequently, the court ordered the sale of the parties' property at B Street, Suburb C, with 95 per cent of the net proceeds to be paid to the wife and the balance to the husband. Further, upon the sale of the businesses known as "Business 1" and "Business 2", the net proceeds were to be distributed as to 65 per cent to the wife and the balance to the husband. Each party was otherwise declared solely entitled to assets in their possession. The wife's applications for spouse maintenance and child support departure orders were dismissed, as was the husband's application filed on 18 June 2020, subject to the property distribution orders.