GILMARTIN & GILMARTIN

In *Gilmartin & Gilmartin*, the Wife sought property settlement orders from the Family Court of Australia. The Husband contended that it would not be just and equitable for the Court to make any adjustments to the parties' property interests. Central to the dispute was the Wife's assertion of an interest in the Husband's future inheritance from his late mother's estate, an interest the Husband denied.

The primary legal issue before the Court was whether it was just and equitable to make orders adjusting the parties' property interests, and specifically, whether the Husband's prospective inheritance should be included in the asset pool for division.

Judge Bender held that it was indeed just and equitable for the Court to make orders dealing with the property of the parties. The Court reasoned that the Husband's inheritance was to be included in the asset pool for division. Consequently, the Husband's application to dismiss the Wife's Initiating Application and for the Wife to pay his costs was dismissed.