Garibaldi and Garibaldi and Anor

In *Garibaldi and Garibaldi*, Collier J of the Family Court of Australia considered a dispute concerning whether a share held by the husband in a company, G Pty Ltd, formed part of the matrimonial pool. The wife sought to include this share in the property settlement, while the husband contended that he held the share on a resulting trust for his father, the Second Respondent, thereby excluding it from the matrimonial assets.

The central legal issues before the court were whether the husband beneficially held the share in G Pty Ltd, and consequently, whether it formed part of the matrimonial pool. This involved determining if the presumption of advancement applied and, if so, whether it had been rebutted by evidence of the donor's intention at the time the share was allocated to the husband, considering relevant surrounding events. The court was also required to determine the appropriate costs orders, particularly as between the wife and the Second Respondent, given the wife's unsuccessful application to join the Second Respondent to the proceedings.

Collier J found that the presumption of advancement was rebutted. The court concluded that the husband held his one share in G Pty Ltd upon a resulting trust for his father, the Second Respondent. Consequently, the share was not considered part of the matrimonial pool. The court also ordered that a term deposit of $400,000, plus accrued interest, be paid to the Second Respondent. The wife's application to join the Second Respondent to the proceedings was dismissed, and the wife was ordered to pay the Second Respondent's costs of and incidental to that application on a solicitor and client basis, with costs certified for senior and junior counsel. Costs as between the applicant husband and the first respondent wife concerning the proceedings involving the Second Respondent were reserved for the trial judge at the final hearing.