Elgabri & Elgabri

In the matter of *Elgabri & Elgabri*, Coleman J of the Family Court of Australia considered a property settlement dispute between a husband and wife. The core of the disagreement involved the valuation of the parties' assets, particularly a self-managed superannuation fund and a taxi plate held within it. The court also had to determine the appropriate division of contributions and consider adjustments under section 75(2) of the *Family Law Act 1975* (Cth).

The legal issues before the court included the accurate valuation of the superannuation fund, which required the appointment of an accountant and auditor to regularise its affairs. A specific dispute arose regarding the valuation of a taxi plate owned by the superannuation fund, where expert opinion conflicted with market sales evidence. The court also needed to assess the parties' contributions to the marriage, including the wife's entitlement to a portion of the husband's late-received inheritance, and consider whether any adjustments were warranted under section 75(2) due to factors such as employment capacity.

Coleman J resolved the valuation dispute concerning the taxi plate by relying on market sales evidence, rather than the expert opinion which was based on information that did not reflect market realities. The court found the parties' contributions to the date of separation to be broadly equal, but awarded the wife approximately 5 percent of the husband's inheritance due to its late receipt during the marriage. A further 7.5 percent adjustment was made in favour of the wife, considering the inheritance and the husband's slightly greater employment capacity. Despite the husband being left in a significantly better financial position, the court found this disparity to be solely attributable to the magnitude of his inheritance, deeming the overall division just and equitable.

The court made detailed orders for the transfer of property, including the parties' interests in a property at M NSW and their respective superannuation funds. The orders provided for the transfer of the M property to the wife, with a payment to the husband, and outlined alternative arrangements for payment or sale of the property if the initial transfer did not occur. The Elgabri Superannuation Fund was to undergo an audit, with specific amounts to be paid to the wife's nominated superannuation fund and the remainder to be split between the parties' respective funds. The wife was to cease being a member and trustee of the superannuation fund upon compliance with these orders. Costs were reserved, with a timeline set for written submissions regarding any applications for costs.