Fellowes and Fellowes and Ors

In *Fellowes and Fellowes and Ors*, heard by Judge Hartnett, the dispute concerned the division of property following a long marriage between the Applicant and the First Respondent, who had two children.

The court was required to determine the appropriate assessment of contributions made by each party to the marriage and to consider whether any adjustment was warranted under section 75(2) of the *Family Law Act 1975* (Cth) in light of the circumstances of the case.

Judge Hartnett reasoned that, despite the long marriage and the presence of children, no adjustment was necessary under section 75(2) of the Act. The court focused on achieving a just and equitable outcome based on the parties' respective contributions. The orders made provided for the First Respondent to pay a sum of money to the Applicant within 30 days. In the event of non-payment, the matrimonial home was to be sold, with the proceeds divided, giving the First Respondent 58 per cent and the Applicant 42 per cent. The First Respondent was granted sole occupation of the property pending payment or sale, and was solely liable for all property outgoings. The Applicant was also awarded specific chattels for her sole use. Otherwise, each party was to retain property in their possession, and joint tenancies were severed.