BRITT & BRITT

The matter before Cleary J concerned a dispute between the applicant wife and the respondent husband regarding the division of their property following a long-term marriage of over 30 years. The parties' children were adults, and both had re-partnered. The wife sought further adjustments to property interests, while the husband opposed any further adjustment and sought costs. The case involved cross-allegations of family violence, with the court noting the increasingly violent nature of the parties' relationship.

The court was required to determine the just and equitable distribution of the parties' property, considering various factors under sections 79(4) and 75(2) of the *Family Law Act 1975* (Cth). Key issues included the wife's limited capacity for work due to significant health issues, the husband's continued ability to engage in farm work, the disparity in financial resources, and the impact of the husband's alleged violent conduct on the wife's contributions during the marriage. The court also had to consider the husband's financial resource from an inheritance and the wife's receipt of disability support payments.

Cleary J reasoned that while a *Kennon* adjustment was not appropriate, a significant adjustment was warranted due to a long-standing power imbalance and the wife's suffering as a result. The court acknowledged the husband's retention of income-producing property and the wife's limited financial resources. However, the husband's age moderated any adjustment for income disparity. The court found that the adjustment factors under s 75(2) favoured the wife, while those under s 79(4) favoured the husband. Ultimately, the court determined that an adjustment of 7.5 percent in favour of the husband was appropriate, resulting in a property division ratio of 65/35 in the husband's favour by the date of trial.

The court ordered that all real and personal property, chattels, and motor vehicles, including any interests in superannuation, financial institutions, shares, and investments, retained or acquired by each party be declared their sole property. The husband was ordered to pay the wife the sum of $421,013 within 60 days, with interest to accrue thereafter. Both parties were to indemnify each other in respect of liabilities standing in their respective names or encumbering property awarded to them.