CHAU & CAO

In the matter of *CHAU & CAO*, Rees J of the Family Court of Australia considered a property dispute between a husband and wife. The parties had lived separately for the majority of their marriage, with the wife residing in Country C and Country B, while the husband remained in Australia. They had one child who was now an independent adult. The husband had made an initial financial contribution to the marriage, whereas the wife had made no relevant initial contributions and had not contributed her earned income to the family enterprise or the acquisition, conservation, or improvement of the husband's assets.

The central legal issues before the court were whether the wife was entitled to any adjustment in her favour regarding the parties' property, particularly in light of her alleged placement of significant funds in Australian bank accounts on behalf of her family, which the husband disputed. A further critical issue was the impact of the wife's failure to make full and frank disclosure of her income and assets, which the court found to be deliberate.

Rees J reasoned that the wife's failure to make full and proper disclosure was a significant factor. The court noted that the wife had provided money to the husband which was placed in Australian bank accounts and accumulated interest, but this money was subsequently returned to her at her request. Crucially, the court found that the wife's deliberate failure to provide requested documents and make full disclosure meant it was inappropriate to make any adjustment in her favour.

Consequently, the court ordered that the wife's application filed on 8 May 2014 be dismissed, and that Order 5 made on 8 August 2014 be discharged.