Graham & Clare

This matter concerned the division of property between a husband and wife, heard by Benjamin J. The dispute involved the distribution of various assets and liabilities, including real estate, vehicles, household contents, and financial accounts, following the parties' separation.

The court was required to determine the appropriate allocation of the parties' property and liabilities, considering their respective contributions, both during the marriage and post-separation. Key issues included the valuation and distribution of specific assets, such as the former matrimonial home, a motor vehicle, and an aircraft, as well as the treatment of post-separation savings and the impact of exclusive occupation of the former matrimonial home by one party.

Benjamin J reasoned that while the parties had generally applied their income and assets for mutual benefit during the marriage, post-separation contributions and circumstances warranted specific consideration. The husband's post-separation savings of $18,000, accumulated after commencing employment, were identified as a significant post-separation asset, despite some expenditure on a speculative property development. The court also noted the wife's exclusive occupation of the former matrimonial home since separation and the substantial increase in her superannuation entitlements. The valuation of the husband's aircraft, though not assembled at the time of valuation, was accepted as agreed by the parties.

The court ordered the wife to pay the husband a sum of $51,102.15 within sixty days, and contemporaneously, the husband was to transfer his interest in the former matrimonial home to the wife. The wife was also ordered to discharge the mortgage on the home and to indemnify the husband against all outgoings related to it. Further orders detailed the transfer of various other assets and liabilities between the parties, with each party to be solely entitled to other property in their possession and to indemnify the other against liabilities encumbering those properties.