Birchmore and Grantham

This case involved an application by Ms Birchmore (the Applicant) against the NSW Trustee and Guardian, acting as the case guardian for Mr Grantham (the Respondent), concerning the division of their property. The matter was heard in the Family Court of Australia by Watts J.

The primary legal issues before the court were to determine the terms of a just and equitable property settlement between the parties, considering the Respondent's protected status and the Applicant's various contributions, including financial, non-financial, homemaker, parenting, and post-separation contributions, as well as any potential claim for past care under *Griffiths v Kerkemeyer*. The court also needed to consider the dispensation of certain Family Law Rules and the finalisation of the parties' financial relationship.

Watts J's reasoning was based on the evidence presented, including affidavits and financial statements, which detailed the parties' assets and liabilities. The court noted that the proposed settlement represented a division of approximately 78% of the net assets to the Respondent and 22% to the Applicant. His Honour found this division to be within the range of possible outcomes for a just and equitable settlement, particularly given the saving of significant legal fees that would otherwise diminish the asset pool. The court also considered the Respondent's future needs and the Applicant's agreement to forgo any *Griffiths v Kerkemeyer* claim.

By consent, orders were made declaring the Applicant had received $100,000 as partial settlement and ordering the Respondent to pay a further $200,000 as final property settlement. The parties were declared the sole owners of their respective superannuation interests and all other property in their possession. The Applicant's application regarding child support was dismissed, and each party was ordered to pay their own costs. The orders were intended to finally determine the parties' financial relationship, with a Registrar appointed to execute documents in default.