COWAN & COWAN

This matter concerned property proceedings between a husband and wife, heard by Judge Harland. The dispute involved a bitter disagreement over the division of assets, including considerations of post-separation contributions and potential "add-backs" to the asset pool. The proceedings also touched upon procedural issues, including applications made during the trial concerning alleged non-disclosure and the potential joinder of third parties, as well as the associated costs.

The court was required to determine the appropriate division of the parties' property, taking into account various factors including their respective contributions, the impact of post-separation conduct, and the need for adjustments under section 75(2) of the *Family Law Act 1975* (Cth). The court also had to consider the implications of any alleged non-disclosure by the parties and the potential for third parties to be joined to the proceedings, as well as the costs associated with such joinder.

The court's reasoning led to a detailed set of orders aimed at achieving a final division of the parties' assets. These orders included specific monetary payments, the transfer of interests in real property (Property A and Property B), and provisions for the sale of these properties if certain conditions were not met. The court also addressed the division of other assets, including a business (Business C Pty Ltd), motor vehicles, and interests in a family trust and superannuation funds. The orders stipulated that each party would be the sole owner of property in their possession not otherwise dealt with, and included provisions for the Registrar to execute documents if a party failed to do so.