FIELD & KINGSTON

In the matter of *Field & Kingston*, Foster J considered applications by both the husband and wife for property adjustment orders. The wife also sought spouse maintenance.

The court was required to determine the appropriate property adjustment orders, considering the parties' respective contributions and the factors outlined in section 75(2) of the *Family Law Act 1975* (Cth). Additionally, the court had to consider the principles applicable to spouse maintenance and whether an order for such maintenance should be made.

Foster J applied the principles governing property adjustment in family law proceedings, carefully weighing the financial and non-financial contributions of each party and assessing the future needs and circumstances of both the husband and wife. The court ultimately dismissed the wife's application for spouse maintenance.

The court ordered the husband to pay the wife a sum of $1,232,616 within three months, with interest accruing from the due date. The husband was also ordered to indemnify the wife against any liability arising from the Company C loan facility. In the event of default in payment, the parties were to sell their property at S Street, Suburb B, with the net proceeds to be distributed in a specified manner, including a further payment of $289,790 to the wife. Pending sale, the husband was to meet all outgoings and loan repayments related to the property. The court also made provision for the wife to reimburse the husband for a portion of any additional personal income tax incurred by him due to capital gains arising from the sale. All outstanding applications were dismissed.