Crafter and Crafter & Ors

This case involved applications by a husband and wife, and by third to fifth respondents, seeking various declarations concerning shareholdings in two companies, D Pty Ltd and N Pty Ltd, and ownership of several parcels of land. The third to fifth respondents also sought declarations that any interests held by the husband and wife in the business or property were held on trust for their benefit, asserting the existence of a joint venture. The court was required to determine whether a joint venture existed and to consider the property of the husband and wife for the purpose of settlement.

Murphy J considered the evidence presented by the parties regarding their contributions to the family business and property throughout the marriage. The court was tasked with determining the nature of the parties' equitable interests in the various assets and whether the claims of the third to fifth respondents for a beneficial interest held on trust were made out. Ultimately, the court had to decide on a just and equitable property settlement between the husband and wife, considering a proposed 52/48 percent split in favour of the wife.

The court dismissed the applications by the wife for a declaration regarding her shareholding in D Pty Ltd, and also dismissed the applications by the second to fifth respondents concerning shareholdings in N Pty Ltd and the title to two blocks of land at G. Similarly, the applications by the husband and wife for declarations regarding land owned by the third and fifth respondents were dismissed. The court declared that the husband and wife held legal title to the two blocks of land at G and their respective shareholdings in N Pty Ltd to the exclusion of any claim by the second to fifth respondents. As a settlement of property, the court ordered a division of the husband and wife's property and superannuation interests in the proportion of 52% to the wife and 48% to the husband, with detailed provisions for the transfer of property, payment of sums, and assumption of liabilities to give effect to this division.