Boston and Boston (No 3)

This matter concerned property settlement and spousal maintenance proceedings between a husband and wife under the *Family Law Act 1975* (Cth). The court was required to determine the terms of a final settlement, including the division of assets and liabilities, and the finalisation of spousal maintenance obligations.

The primary legal issues before the court were the equitable distribution of the parties' property, the discharge of various debts including those owed to family members and financial institutions, and the final resolution of spousal maintenance. The court also had to consider the implications of capital gains tax arising from the sale of units in a unit trust and the sale of the former matrimonial home.

Dawe J's reasoning focused on achieving a full and final settlement of all claims. The court outlined two alternative scenarios for property division: one involving a direct payment from the wife to the husband, and another contingent on the failure of that payment, which mandated the sale of the former matrimonial home. In either scenario, the orders detailed the allocation of proceeds, the discharge of mortgages, the payment of capital gains tax, and the satisfaction of debts owed to the wife's parents, a company, and the husband's brother. The court also addressed spousal maintenance, deeming past payments sufficient and varying future obligations to nil, thereby discharging the existing order.

The court made orders for the payment of specific sums by the wife to the husband, or alternatively, for the sale of the former matrimonial home with proceeds distributed according to a detailed schedule. These orders also included provisions for the payment of capital gains tax, costs of the Independent Children's Lawyer, and the allocation of remaining proceeds to various creditors and the parties themselves. Each party was declared the sole owner of other assets in their possession and liable for associated debts. The application for urgent spousal maintenance was dismissed, and past payments were deemed in full satisfaction of prior orders, with future maintenance varied to nil. Liberty to apply for consequential orders was granted, and all matters were removed from the active pending cases list except for costs.