DIGGELEN & DIGGELEN

This case involved property settlement and child support proceedings between Mr and Mrs Diggelen, heard by Johnston J. The matter proceeded on an undefended basis, with the husband having a history of drug abuse. The court considered the parties' contributions to the marriage, which were assessed as 54 per cent by the wife and 46 per cent by the husband.

The primary legal issues before the court were the appropriate division of the parties' property and superannuation, the entitlement of the wife to spousal maintenance, and whether child support orders should be made departing from the standard assessment. Specifically, the court was required to determine if an adjustment to the property division was just and equitable under s 75(2) of the *Family Law Act 1975* (Cth) and to consider specific child support obligations beyond periodic assessments.

Johnston J reasoned that an adjustment of 10 per cent of the property and superannuation in favour of the wife was appropriate, given the overall contributions and the husband's history of drug abuse. The court also found it appropriate for the wife to receive spousal maintenance. In relation to child support, the court made orders for the husband to pay for the child's school fees, camp and excursion costs, and medical gap expenses, in addition to assessed periodic amounts.

The court ordered the husband to pay the wife a sum of $1,016,635.00 within forty-two days to effect the property settlement. Further orders detailed the transfer of the wife's interest in a joint bank account upon receipt of this sum, and alternative provisions if the husband failed to comply, including the sale of his shares and options. The husband was also ordered to pay spousal maintenance of $2,250.00 per week until the property settlement was finalised. Specific child support orders were made for school fees, medical gaps, and private health insurance premiums. The orders were to commence operation thirty days after personal service on the husband.