DEALBA & DEALBA

In the matter of *Dealba & Dealba*, Judge Morley of the Federal Circuit Court of Australia considered a property dispute between a husband and wife. The wife sought orders adjusting the parties' interests in their property, with the husband having made significant financial contributions during the marriage and the wife having been the primary homemaker. The court was asked to determine whether certain post-separation expenditures, specifically legal fees, should be added back to the asset pool.

The central legal issues before the court were the appropriate division of the parties' net matrimonial assets, including superannuation entitlements, and whether any add-backs should be permitted. The court was required to consider the respective financial and non-financial contributions of each party and to make orders that were just and equitable.

Judge Morley reasoned that while the husband's financial contributions were significant, they did not necessarily outweigh the wife's contributions as the primary homemaker to such an extent that an unequal division was warranted. Crucially, the court found that there was no clear source of funds for the legal fees incurred by the parties, and therefore, no add-backs were permitted. The court determined that an equal division of the net matrimonial assets, after accounting for specific property and superannuation entitlements, would be just and equitable.

The court ordered the sale of the parties' jointly owned property, with the proceeds to be applied towards sale costs and mortgage discharge, followed by an equal division of the remaining net proceeds. The orders also detailed the division of various other assets, including superannuation, shares, trust interests, and personal property, and provided for the wife's exclusive occupation of the family home pending its sale. The court also made provisions for the appointment of a nominee to resolve any disputes regarding the sale of the property and for the Registrars of the Federal Circuit Court to execute documents if a party failed to comply with the orders.