BRISCOE & BRISCOE

In BRISCOE & BRISCOE, Judge McGuire considered a property settlement dispute between a husband and wife. The core of the disagreement involved the husband's alleged diminution of the marital property pool since the parties' separation. The court was tasked with determining how to divide the remaining assets and liabilities, taking into account the parties' contributions and various factors under section 75(2) of the *Family Law Act 1975* (Cth), including the impact of the husband's actions on the property pool.

The court's reasoning focused on achieving a just and equitable distribution of the property. It acknowledged the principle that a party who diminishes the property pool after separation may be taken into account in the property settlement, referencing considerations akin to those in *Kennon v Kennon*. The court applied the relevant sections of the *Family Law Act 1975* to assess the contributions of each party and the future needs and circumstances of both the husband and wife.

Ultimately, the court ordered the sale of the parties' property at B Street, Town C, Tasmania, along with associated plant, equipment, and hay. The proceeds of these sales were to be paid to the wife after sale costs. The husband was ordered to make a cash adjustment to the wife to achieve a final division of 56% of the property pool to the husband and 44% to the wife. The wife was to receive certain properties in Town N, Tasmania, the husband's superannuation, and personalty, while the husband was to receive the wife's superannuation and personalty. Each party was to be solely responsible for liabilities incurred since separation and for assets retained. The orders were intended to finally determine the financial relationship between the parties.