Gillim and Gillim & Ors (No 2)

In *Gillim and Gillim & Ors (No 2)*, Rees J of the Family Court of Australia considered a dispute concerning the beneficial ownership of certain properties within the context of a marriage property settlement. The proceedings involved the husband and wife, with the wife also raising a defence of laches against the husband's claim.

The court was required to determine several key legal issues. Firstly, it had to consider the application of the presumption of advancement and the doctrine of resulting trust in determining beneficial ownership, particularly in light of contributions made by the parties' parents. Secondly, the court had to assess whether the husband's claim was barred by the defence of laches, given the alleged delay in its commencement. Finally, the court needed to assess the contributions of each party to the marriage and the assets, including contributions to an estate from which the wife would benefit.

Rees J found that the presumption of advancement did not apply in this instance, and that a resulting trust arose in relation to certain properties. The defence of laches was dismissed as the husband had brought his claim within the statutory limitation period and had not caused the wife to alter her position or incur expense due to any delay. In assessing contributions over the parties' nearly 50-year marriage, the court noted significant contributions from both parties and their parents, and that the wife would benefit from an estate to which the parties had contributed. Consequently, a slight adjustment was made in favour of the husband. The court made declarations and orders regarding the beneficial entitlement to the "D property", the transfer of interests in the "E Street" property, the husband's trust and company, a payment to be made by the wife to the husband, and the disposition of the former matrimonial home upon payment or in the event of default.