Atkins & Hunt & Ors

This matter concerned a property settlement and spousal maintenance dispute between a husband and wife, heard by Watts J. The wife sought a property settlement and spousal maintenance, and the husband opposed the spousal maintenance claim. A previous property settlement order from 2014 had been appealed by the wife and remitted for rehearing. A key issue in the property settlement was the valuation of the husband's interest in family companies, with the wife arguing they were the "mere puppet" or "alter-ego" of the husband. The husband had also transferred shares in a holding company while the wife's appeal was pending.

The court was required to determine the appropriate property settlement, including the valuation of the husband's shareholdings in family companies and whether a transfer of shares made during the appeal process should be set aside. Additionally, the court had to consider the wife's claim for spousal maintenance, assessing her needs and the husband's capacity to pay. The court also needed to determine if the requirements of section 106B(1) of the *Family Law Act 1975* (Cth) were met in relation to the share transfers.

Watts J found that the evidence did not establish the companies were the husband's "mere puppet" or "alter-ego." However, the court determined that it was just and equitable to make a property settlement order, including a payment from the husband to the wife. The court also found that the wife had a reasonable need for spousal maintenance, which the husband had the capacity to pay. The court made orders for a property settlement, including a sum of $964,683 to be paid by the husband to the wife within two months. The court also ordered that the husband indemnify the wife against liabilities arising from the operations of certain companies. In the event the husband failed to make the property settlement payment within the specified timeframe, orders were made pursuant to s 106B(1) to set aside certain share transfers and effect the re-transfer of those shares to the husband, with further provisions for payments to third parties. The court also ordered the husband to pay the wife spousal maintenance of $550 per week.