B & B

This matter concerned an application for property adjustment between a husband and wife. The parties commenced their relationship in 1985, married in 1987, and separated in late 2002. The wife, aged 47 at the time of judgment, was diagnosed with Repetitive Strain Injury early in the relationship and was pensioned out of the Public Service in 1987, receiving a lump sum and a continuing pension. The husband, aged 43 at the time of judgment, experienced depression and took sick leave between late 2002 and early 2003, later returning to work on a graduated plan. The separation was acrimonious, involving allegations of assault by the wife against the husband, a domestic violence order, and subsequent dismissal of criminal charges against the husband.

The court was required to determine the appropriate division of the parties' property. This involved considering the contributions of each party, including financial and non-financial contributions, and whether any adjustments were warranted under section 75(2) of the Family Law Act 1975 (Cth). Ultimately, the court had to assess whether the resulting property division was just and equitable in all the circumstances.

The court's reasoning focused on assessing the contributions of each party to the acquisition, conservation, and improvement of the matrimonial property. It considered the wife's early financial contribution to the purchase of the R property and her ongoing pension. The court also took into account the husband's financial contributions and the impact of his periods of illness and psychiatric treatment on his earning capacity and contributions to the relationship. The court's ultimate determination of a just and equitable outcome would have regard to these contributions, as well as the future needs and circumstances of both parties, including the wife's ongoing health issues and the husband's recovery and return to full-time employment.