BALKEN & VYNER

In *Balken & Vyner*, heard by Macmillan J, the dispute concerned property settlement following the breakdown of a marriage. The husband argued that it was not just and equitable to adjust the parties' property interests. The wife asserted that a de facto relationship existed prior to the marriage, which the husband denied. The asset pool included various corporate entities and trusts established by the husband's father, over which the husband was found not to have control, current entitlement, or access to capital.

The court was required to determine whether it was just and equitable to make orders adjusting the parties' property interests, and to consider the nature of the parties' relationship prior to their marriage. Specifically, the court had to assess the contributions made by each party to the relationship and the asset pool, including the husband's receipt of significant gifts, inheritances, and income from trusts, and the wife's contributions to the welfare of the husband and his child from a previous marriage.

Macmillan J reasoned that while the parties were in a relationship prior to their marriage, the evidence did not demonstrate a continuous relationship living together on a genuine domestic basis for the entire duration of their pre-marital cohabitation. Consequently, the court focused on the contributions made by both parties both prior to and following the marriage. The husband's assertion that it was not just and equitable to make orders was rejected, and orders were made for the payment of a lump sum to the wife from the husband. The judgment also included an addendum correcting figures in the original reasons for judgment.