BAINEY & BAINEY

In *Bainey & Bainey*, heard by Judge Riley, the dispute concerned the division of the parties' asset pool and the allocation of certain debts and liabilities. The specific nature of the dispute revolved around the equitable distribution of matrimonial property and the responsibility for outstanding financial obligations, particularly school fees.

The court was required to determine the appropriate percentage split of the asset pool between the husband and wife. Central to this determination was the question of how to address the wife's liability for her children's school fees, both current and future, and whether she should indemnify the husband for these costs. The court also had to consider the wife's personal property settlements and how these should be factored into the overall division.

Judge Riley ordered that the asset pool be divided 60% in favour of the husband and 40% in favour of the wife. This division was predicated on the wife indemnifying the husband for her children's school fees, with all other debts to remain with the party who incurred them. The wife's personal property settlements were to be included within her 40% share. Furthermore, the wife was made solely liable for any outstanding school fees for her children and was ordered to indemnify the husband against any present or future school fee liabilities relating to her children. The wife was also directed to pay A Pty Ltd $184,484.66 from any settlement funds, while the husband was ordered to ensure B Pty Ltd repaid the wife $35,750 within 14 days. Additional orders were to follow based on the parties' submissions.