Cuthbert and Cuthbert (No 2)

In the matter of *Cuthbert and Cuthbert (No 2)*, Foster J of the Family Court of Australia considered an application to vary existing orders concerning property settlement. The dispute centred on the financial entitlements of the parties following their separation, specifically the distribution of assets and the payment of sums between them.

The primary legal issue before the court was whether to amend the property settlement orders previously made on 12 June 2015. This involved determining the appropriate adjustments to the monetary amounts to be paid between the parties and the conditions under which those payments were to be made, particularly in relation to the division of a specific asset.

Foster J applied Rule 17.02 of the *Family Law Rules 2004* to vary the original orders. The court ordered the substitution of a higher sum for an existing payment, altered the recipient of any remaining balance after a specific payment, and modified the terms relating to a particular payment to the husband. Crucially, the court also ordered the husband to pay a further sum to the wife upon the delivery up of a boat. The court's reasoning involved recalculating the financial entitlements and ensuring the equitable distribution of assets as reflected in the amended orders.