Fung & Forbes

In *Fung & Forbes*, heard by Carew J, the parties, Ms Fung (the applicant wife) and Mr Forbes (the respondent husband), were in dispute regarding property settlement and spousal maintenance following their de facto relationship and subsequent marriage. The applicant alleged that the respondent had hidden assets, which was a central point of contention in valuing the marital pool.

The court was required to determine the appropriate valuation of the parties' assets, including superannuation, for the purposes of property settlement. Additionally, the court had to assess the capacity of each party to support themselves and the other, in relation to spousal maintenance, and consider whether the respondent had contravened a previous court order.

Carew J found that the applicant had failed to prove that the respondent had hidden assets. Consequently, the total property pool, including superannuation, was valued at $146,588. The court ordered the respondent to pay the applicant $88,000 by way of property settlement in two equal instalments. Regarding spousal maintenance, the court reduced the arrears to $16,000 and ordered the respondent to pay ongoing spousal maintenance of $745 per week. The court also found that the respondent had contravened a previous order without reasonable excuse and ordered him to enter into a two-year bond to be of good behaviour, which included compliance with the final orders.