Harrison & Harrison

The parties, husband and wife, sought property orders pursuant to section 79 of the *Family Law Act 1975* (Cth). The wife also sought leave to apply for weekly spousal maintenance and a variation of a child support assessment.

The court was required to determine the division of the parties' property, the wife's entitlement to spousal maintenance, and whether to depart from an existing child support assessment.

Brown J ordered the husband to transfer his interest in the real property at K Street, Suburb L, and certain personal property, including a motor vehicle and shares, to the wife. The wife was to indemnify the husband against all rates, taxes, and outgoings in respect of the real property from the date of transfer. Each party was to retain other property in their possession, with liabilities encumbering specific assets to be borne by the party entitled to that asset. The husband was ordered to pay the wife a capital sum of $61,665 by 17 January 1996, with provisions for payment by annual instalments with interest if the due date was not met. The husband was also directed to apply for the release of funds from his superannuation. The court varied the child support assessment for the year ending 30 June 1996, substituting the assessment for the period 1 July 1995 to 30 June 1996 as the one from which departure was sought. The wife's application for spousal maintenance was dismissed.