Boardman and Boardman

In the matter of *Boardman and Boardman*, Benjamin J of the Family Court of Australia considered a dispute between a husband and wife concerning the division of proceeds from the sale of their former matrimonial home. The core of the disagreement revolved around the apportionment of these funds, which were held jointly in an ANZ Online Saver account.

The primary legal issue before the court was how to equitably divide the net proceeds of sale between the parties. This involved determining the appropriate percentages or fixed amounts each party should receive, taking into account their respective contributions and financial circumstances. The court was also required to address how any fluctuations in the total proceeds, whether an increase or a decrease, should be managed and distributed between the husband and wife.

Benjamin J ordered that a specific sum of approximately $706,614, representing the proceeds of sale, be divided between the wife and husband. The wife was to receive $503,075, and the husband was to receive $203,539. Furthermore, the court stipulated that any additional monies in the account or any shortfall would be allocated on a percentage basis: the wife would receive 65 per cent of any surplus or be responsible for 65 per cent of any shortfall, while the husband would receive 35 per cent of any surplus or be responsible for 35 per cent of any shortfall.