Calder & Calder (No. 2)

This case concerned property settlement proceedings between a husband and wife, heard by Berman J in the Family Court of Australia. The parties had been married for 33 years and possessed assets exceeding $13,000,000, including a significant farming property. The dispute involved the husband's assertion of significant initial contributions traceable to pre-marriage assets and contributions from his mother, contrasted with the wife's substantial contributions as a homemaker and her claims for notional add-backs exceeding $3,500,000.

The court was required to determine the appropriate division of the parties' property under section 79 of the *Family Law Act 1975* (Cth). Key issues included assessing the weight to be given to the husband's initial contributions and the wife's homemaker contributions, and considering whether any notional add-backs were warranted. The court also had to consider the division of partnership assets, including plant, livestock, and equipment, and the overall adjustment of property interests in light of the parties' respective contributions and financial circumstances, as potentially informed by section 75(2) of the Act.

Berman J reasoned that while the husband had made significant initial contributions, the wife's contributions as a homemaker were also substantial and deserving of recognition. The court ultimately ordered a property distribution of 55% in favour of the husband and 45% in favour of the wife. This adjustment reflected a recognition of the husband's initial contributions, while still acknowledging the wife's significant role in the marriage. The court also ordered an equal division of the partnership's plant, livestock, and equipment. The final orders detailed the specific transfers of property, dissolution of partnerships and trusts, and financial settlements to give effect to this division.