Chappell & Chappell

In the matter of MLC 5402 of 2018, Ms Chappell (the applicant wife) and Mr Chappell (the respondent husband) presented competing applications for final property orders to Hartnett J of the Family Court of Australia. The dispute concerned the division of property following a marriage of approximately 24 years, with disagreements arising over the valuation of assets, including properties, sculptures, golf membership shares, and the wife's shareholding in a private company, LL Inc. The parties also sought determinations regarding the retention of the G Street property and whether it should be placed on the open market, as well as the division of specific sculptures.

The court was required to determine the just and equitable adjustment of the parties' property interests under section 75(2) of the *Family Law Act 1975* (Cth). This involved assessing the financial and non-financial contributions of each party throughout the marriage, considering the initial contributions made by the wife and the financial contributions of both parties during cohabitation. Key issues included the valuation of the husband's golf membership shares and the wife's LL Inc. shareholding, the latter of which the court noted was not to be included in the asset pool. The court also had to consider the wife's significant loans totalling $2.5 million to meet living costs and expenses.

Hartnett J's reasoning focused on assessing the contributions of each party and their respective future needs to arrive at a just and equitable outcome. The court considered the sentimental attachment both parties had to the G Street property when determining its future ownership or sale. The court also addressed the husband's legal costs, noting they were paid from pre-separation income. The specific orders made by the court were that all extant applications be adjourned for mention before Justice Hartnett on 29 June 2021 at 10:00 am.