DELRIO & JINDRA (No.2)

The applicant husband died before the hearing of the proceedings, and his legal personal representative continued the application for an alteration of property interests. The dispute concerned the interpretation of a financial agreement made between the parties and its relevance to a subsequent application under section 79 of the *Family Law Act 1975* (Cth) concerning property not covered by that agreement. The court was asked to determine whether contributions made to property covered by the financial agreement were relevant to the assessment of contributions to property not so covered, and the interaction between section 71A and section 79(4) of the Act.

The court was required to consider whether it was just and equitable to make any order, and specifically whether it was appropriate to make any order under section 79(8)(b) of the *Family Law Act 1975* (Cth). The central legal issue was the extent to which a financial agreement, which did not encompass all of the parties' property, could preclude or limit a section 79 application concerning the remaining assets.

Judge Altobelli dismissed the Further Amended Initiating Application. The court ordered that the respondent must notify Chambers within 7 days if they intended to make an application for costs, so that directions could be made for such application to proceed by way of written submissions.