Forkan and Forkan (No. 2)

The Family Court of Australia considered property settlement proceedings between Ms Forkan (the applicant wife) and Mr Forkan (the respondent husband). The parties had been married for approximately 21 years and had three children. The dispute concerned the division of their matrimonial assets and liabilities.

The court was required to determine the parties' respective entitlements to their matrimonial assets and liabilities, assess their contributions to the marriage, and consider whether any adjustment was warranted under section 75(2) of the *Family Law Act 1975* (Cth) to achieve a just and equitable outcome. The court also had to make findings of fact regarding the application of certain funds, including a $200,000 drawdown from a joint loan facility.

Justice Fowler made findings of fact regarding the history of the parties' property acquisitions and disposals, including the I Street, Suburb P, Suburb F, B Street, and Suburb R properties, as well as various vehicles and superannuation interests. The court considered the contributions of each party, including financial and non-financial contributions, and the impact of the wife's role as primary caregiver for the children. The court also took into account the husband's health issues and the wife's current financial circumstances.

The court ordered that the husband pay the wife the balance of net sale proceeds from the B Street property held in a controlled monies account, and a further sum of $100,760.50. The court also ordered that $25,000 held by "D Accountants" be used to pay Capital Gains Tax on the sale of the Suburb F property, with any balance to be paid to the husband. Furthermore, the wife was entitled to a base amount of $89,958.50 from the husband's G Super Fund, with a corresponding reduction in the husband's entitlement. Otherwise, each party was declared the sole owner of property in their name, possession, or control. The court also made provisions for a Registrar to execute documents if a party failed to comply with the orders.