GIBSON & BOOTHMAN

This matter concerned a property settlement dispute between a husband and wife, heard by Stevenson J. The parties, who had been married for approximately fourteen years and had two children, agreed that their former matrimonial home should be sold. The husband had made significant direct financial contributions to the marriage through his high income and the introduction of unencumbered property, and his mother had also made substantial financial contributions on his behalf. The wife had primarily assumed responsibility for the children and made non-financial contributions to the parties' properties.

The court was required to determine the appropriate division of the parties' assets and superannuation, considering their respective contributions and future financial circumstances. Specifically, the court needed to assess the parties' contributions to the marriage, determine if any adjustment was warranted under section 75(2) of the Family Law Act 1975 (Cth) due to disparities in their income-earning capacities, and decide whether a superannuation splitting order should be made in favour of the wife.

Stevenson J found that the parties' contributions should be assessed at 60 per cent to the husband and 40 per cent to the wife. The court also determined that section 75(2) factors favoured an adjustment of 5 per cent to the wife due to the disparity in their income-earning capacities, noting expert evidence regarding the husband's employment prospects and the wife's limited recent employment success. The court concluded that it was appropriate to make a superannuation splitting order in favour of the wife.

Consequently, the court ordered the sale of the matrimonial home, with the net proceeds to be divided 55 per cent to the husband and 45 per cent to the wife, taking into account other assets. A superannuation splitting order was made, entitling the wife to a base amount of $248,609 from the husband's Australian Super benefit. The husband was granted exclusive occupation of the home pending its sale and was ordered to pay the associated rates.