ATWAL & DANI

This matter concerned property proceedings between a husband and wife, heard by Judge Blake. The central dispute revolved around the characterisation of certain financial advances made to the parties, specifically whether they constituted gifts or loans, and whether amounts advanced to the wife post-separation should be included in the matrimonial asset pool. Further issues included the ownership of property and assets located in India, the parties' respective financial contributions, and the appropriate adjustment to be made under section 75(2) of the *Family Law Act 1975*.

The court was required to determine the extent to which certain advances constituted loans to be included in the asset pool, the valuation and treatment of Indian assets, and the overall division of the matrimonial property. The court also had to consider the impact of the parties' financial contributions and any relevant factors under section 75(2) of the *Family Law Act 1975* when making its final orders.

Judge Blake reasoned that the matrimonial asset pool should be divided with a split of 53% to the Husband and 47% to the Wife. This division encompassed the proceeds of sale of the former matrimonial home, a motor vehicle, shares in an Indian mutual fund, and superannuation entitlements for both parties. The court made specific orders for the distribution of the proceeds of sale of the former matrimonial home and the transfer of the motor vehicle. Furthermore, pursuant to section 78 of the *Family Law Act*, the court declared each party to be the sole and absolute owner of various items of property in their possession or control not otherwise dealt with in the orders, and each party was ordered to indemnify the other in respect of liabilities in their sole or joint names.