DESBROW & DESBROW

This matter concerned an application by the respondent wife for final property orders, heard undefended before Johns J. The applicant husband did not appear at the hearing, which proceeded despite outstanding criminal proceedings against him. The wife sought orders reflecting her greater contributions to the marriage and post-separation, her sole care of the two children of the marriage and another child from a previous relationship, and one of the children of the marriage having significant medical needs. The husband had made minimal financial contributions to the children and was unlikely to do so in the future.

The court was required to determine the appropriate property settlement given the circumstances, including the modest pool of assets and the husband's non-participation in the proceedings. The wife also sought costs on an indemnity basis.

Johns J reasoned that the wife's contributions and responsibilities, particularly in relation to the children, warranted a significant allocation of the net assets to her. The husband's failure to participate in the proceedings and his minimal contributions were also considered. The court made final property orders that largely allocated the net assets to the wife, including the proceeds of sale of a property, chattels from storage units, and specific amounts from the husband's interests in two superannuation funds. The court declined to make an order for costs on an indemnity basis, noting that property proceedings would have been necessary in any event to finalise the parties' financial relationship.