Gould & Gould

The Full Court of the Family Court of Australia, comprising Bryant CJ, Finn and Boland JJ, considered an appeal by the husband against an order made by a trial judge concerning the division of property. The dispute arose from the parties' marital relationship and the subsequent separation, leading to an assessment of their respective contributions to the acquisition, conservation, and improvement of their property.

The primary legal issue before the Full Court was whether the trial judge erred in assessing the parties' contributions as equal for the purposes of section 79(4)(a), (b), and (c) of the *Family Law Act 1975* (Cth). Specifically, the husband argued that the trial judge failed to consider the parties' separate living arrangements under one roof for a significant period, the wife's minimal contributions during that time and after physical separation, and improperly took into account the husband's lack of co-operation in disclosing his financial position when assessing contributions.

The Full Court found considerable substance in the husband's complaint regarding the inclusion of his lack of co-operation in the contribution assessment. While acknowledging that a party's conduct can be a relevant consideration in property adjustment proceedings, the court indicated that such conduct should generally be addressed as a separate factor under section 75(2) of the Act, rather than being conflated with the assessment of contributions under section 79(4). The court noted that the trial judge had stated he would have assessed contributions as 60:40 in favour of the husband but for other aspects of the case, suggesting that the non-disclosure was a significant factor in reaching an equal assessment of contributions.