Eastman and Eastman & Anor

In the matter of *Eastman and Eastman & Anor*, Benjamin J of the Family Court of Australia considered applications by the wife concerning property division following the breakdown of the marriage. The dispute involved the former matrimonial home, a motor vehicle, and shares in a company. The wife sought exclusive occupation of the former matrimonial home, the transfer of property into her name, and injunctive relief.

The primary legal issues before the court were the appropriate division of the parties' property interests, specifically the former matrimonial home, a motor vehicle, and shares held in a company, and whether to make orders for the transfer of these assets to the wife. The court was also required to consider the wife's entitlement to dividends from the company.

Benjamin J reasoned that the circumstances warranted a significant adjustment of property interests in favour of the wife. The court ordered the husband to transfer his legal and equitable interest in the former matrimonial home to the wife within 42 days. Furthermore, the husband and the second respondent were directed to assign 84,000 ordinary shares held in the second respondent company to the wife within the same timeframe. The court also declared the motor vehicle to be the property of the wife, transferring any interest the husband claimed to her, and empowered the wife to sign all necessary documents to effect this transfer. Additionally, pursuant to the *Corporations Act 2001* (Cth), the second respondent was directed to pay the wife a franked dividend of $272,000 within 28 days.