El Maalouf and Issa

In *El Maalouf and Issa*, Foster J of the Federal Circuit and Family Court of Australia considered a dispute concerning property adjustment. The applicant was ordered to pay the respondent a sum of $60,000 within six months. In the event of default, the parties were to take all necessary steps to sell a specified property, with the respondent to receive a sum representing 12.5 per cent of the asset pool from the net proceeds of sale.

The court was required to determine the appropriate property adjustment between the parties, including the valuation and division of assets. This involved considering the contributions of each party to the asset pool and making orders for the payment of a sum of money and the sale of property to achieve a just and equitable outcome.

Foster J applied principles of family law concerning property settlement, aiming to achieve a fair distribution of the parties' assets. The court's reasoning led to orders that included a lump sum payment and, as a fallback, the sale of a property to satisfy the respondent's entitlement. The court also made ancillary orders regarding the collection of a motorbike and personal effects.