DAMIANI & DAMIANI

In the matter of *Damiani & Damiani*, Watts J of the Family Court of Australia considered property settlement and child support following a short marriage with one child. The wife sought an adjustment to the property settlement based on a *Kennon* claim, arguing that contributions were made significantly more arduous due to family violence. Factual findings regarding this violence, previously made in a children's case, were admitted in the property proceedings. The husband possessed significant assets at the commencement of the marriage, and had a substantially greater earning capacity than the wife, who had recovered from post-traumatic stress disorder arising from the violence.

The court was required to determine the just and equitable alteration of property interests between the parties, considering the admitted family violence and its impact on the wife's contributions. Additionally, the court had to determine whether to make a departure from the standard child support assessment, given the husband's significantly higher earning capacity, and if so, to what extent it would be just and equitable for him to contribute to the child's expenses.

Watts J reasoned that an adjustment was appropriate under section 79 of the *Family Law Act 1975* (Cth) due to the increased arduousness of the wife's contributions stemming from the admitted family violence, applying the principles established in *Kennon*. The court found that a just and equitable outcome for the property division involved the wife receiving 28% of the net assets. In relation to child support, the court determined that it was just and equitable for the husband to pay 85% of the child's expenses, departing from the standard assessment due to his substantially higher earning capacity.

The court ordered the husband to pay the wife a sum of $1,023,441 within 60 days, in exchange for which the wife was to transfer her interest in the R property to the husband. The husband was also to indemnify the wife against all liabilities relating to the R property and his shareholdings in several companies. Provisions were made for the sale of the R property should the payment not be made within the specified timeframe. The wife's application for spousal maintenance was dismissed. The court varied the periodic child support payable by the husband for the child N, setting an annual rate of $25,304, with subsequent annual adjustments based on the Consumer Price Index. The husband was ordered to pay the wife's costs in respect of a specific application.