Diab & Diab

This matter concerned the distribution of property and superannuation interests between Ms Diab (the Wife) and Mr Diab (the Husband) following their separation. The proceedings were before Beckhouse J in the Federal Circuit and Family Court of Australia. The dispute involved the division of sale proceeds from various properties, funds held in a term deposit, and the Husband's superannuation interest.

The court was required to determine the appropriate percentages for the distribution of the balance of sale proceeds from specific properties and funds held in a term deposit. Additionally, the court needed to ascertain the Wife's entitlement to a percentage of the Husband's interest in Super Fund E, and to make consequential orders binding the trustee of that fund to facilitate the transfer of the Wife's entitlement. The court also had to consider the parties' respective contributions during the marriage and post-separation, and how these should inform the property settlement.

Beckhouse J found that the parties' contributions during the marriage were equal, taking a holistic view of their efforts in wealth acquisition and family support. Regarding post-separation contributions, the court considered the Wife's evidence of financial hardship and stress resulting from the Husband's conduct, including the cancellation of her credit card and mobile, the division of an insurance payout, and difficulties with school fees for the children. The Wife also highlighted her significant role in arranging the subdivision of a property, which was expected to yield additional funds. The Husband, in turn, claimed substantial post-separation financial contributions towards mortgage repayments, property expenses, and renovations. The court ultimately made orders for the distribution of sale proceeds and term deposit funds, allocating 65% to the Wife and 35% to the Husband. Furthermore, the court ordered that the Wife was entitled to 55% of the Husband's interest in Super Fund E, with consequential orders directing the trustee to calculate and pay this entitlement. The remaining property was to be divided according to possession, with each party retaining their respective bank accounts and foregoing claims to the other's superannuation.