FONDA & COLTON

In the Family Court of Australia, Mr Fonda (the husband) and Ms Colton (the wife) were parties to property settlement proceedings. The dispute concerned the division of their assets and liabilities following the breakdown of their marriage. The proceedings were heard by Benjamin J in Sydney, with judgment delivered in Launceston on 4 December 2020.

The court was required to determine the valuation of the husband's business, the treatment of superannuation entitlements, issues of alleged waste and add-backs, and the implications of a short marriage with no children. The court also had to consider the parties' contributions during the relationship and whether any adjustments were warranted under sections 75(2) and 79 of the *Family Law Act 1975* (Cth), referencing the principles established in *Stanford & Stanford* (2012) 247 CLR 108.

Benjamin J found the parties' contributions to be equal and made no further adjustments. The court ordered that the parties be declared the owners of property in their respective names, possession, or control. Crucially, the Registry Manager was directed to refer the matter to the Commissioner of the Australian Taxation Office for consideration of potential breaches of Australian law, based on documents including the court's reasons, credit card statements, and financial statements filed by both parties. The property proceedings were otherwise dismissed.