Bensaid & Fasih

In the matter of *Bensaid & Fasih*, Foster J of the Family Court of Australia considered a property adjustment dispute between the applicant wife, Ms. Fasih, and the respondent husband, Mr. Bensaid. The primary asset for division was the husband's half interest in a property located at B Street, Suburb D. The proceedings also involved an intervener, Mr. Wardi.

The court was required to determine the appropriate property adjustment between the parties. This involved assessing their respective contributions to the marriage and considering various factors under section 75(2) of the relevant Act, which include the age and health of the parties, their financial resources and earning capacities, and the responsibilities each party has to support themselves and any other persons. The court also had to consider the impact of the husband's conduct on the wife's financial position and well-being.

Foster J assessed the parties' contributions as equal. However, after considering the factors under section 75(2), particularly the wife's circumstances and the husband's conduct, the court determined an adjustment in favour of the wife was warranted. The court ordered that within six weeks, the second respondent (Mr. Wardi) was to pay $121,000 to the wife and $99,000 to the husband, less any Westpac Bank mortgage balance exceeding $380,000. In consideration of these payments, the husband was to transfer his interest in the property to the second respondent, and concurrently, the second respondent was to procure a discharge or refinance of the existing mortgage. In the event of default in payment, the property was to be sold, with proceeds distributed according to a specified order of priority, including payment to selling costs, the second respondent, the Westpac Bank mortgage, and then a division of the remaining balance between the wife (55%) and the husband (45%), with adjustments for any excess mortgage balance.