DIAZ & WEEKES

In a family law proceeding before Judge Betts, the Applicant Wife sought orders for the distribution of property following the breakdown of her de facto relationship with the Respondent Husband. The proceedings were ultimately determined on an undefended basis due to the Respondent Husband's failure to engage properly and make full and frank disclosure of his financial affairs.

The court was required to determine a just and equitable property settlement order, considering the uncertainty surrounding the precise value of the matrimonial property. Key issues included the assessment of contributions made by each party, with a finding that post-separation contributions substantially favoured the Applicant Wife. The court also considered minimal child support payments and future factors in its determination.

Judge Betts reasoned that a property settlement was just and equitable, applying principles of contribution and future needs. The court ordered the distribution of monies held in a trust account, allocated a base amount from the Respondent Husband's superannuation to the Applicant Wife, and specified that each party would be solely entitled to property in their possession, with specific provisions for bank accounts, superannuation, insurance policies, and liabilities. The court also appointed a Registrar to execute necessary documents if a party refused to do so.

Finally, the court ordered the Respondent Husband to pay the Applicant Wife's costs of and incidental to the proceedings in the amount of $15,639.00, and the matter was otherwise removed from the active list.