HARTNER & PAGLIOTTI

In the matter of Hartner & Pagliotti, Rees J considered applications by both the wife and the husband. The wife sought spousal maintenance, while the husband sought an adjustment of property interests. The dispute involved assets located in Australia and Italy, with the court noting that the wife had not made full disclosure of all funds she had possessed. A "two pools" approach was adopted for the Australian and Italian property.

The court was required to determine the appropriate division of the parties' property interests, taking into account their contributions to the marriage, which spanned 30 years and were found to be significant and equal. Additionally, the court had to consider the wife's claim for spousal maintenance and the husband's application for an anti-suit injunction to restrain the wife from pursuing spousal maintenance proceedings in Italy, particularly in light of the wife's spousal maintenance claim being dismissed in the Australian proceedings.

Rees J reasoned that given the significant and equal contributions of both parties over their long marriage, a 12 per cent adjustment under s 75(2) of the *Family Law Act 1975* (Cth) was warranted in favour of the wife, resulting in her receiving 62 per cent of the total assets. The wife's claim for spousal maintenance was dismissed. Furthermore, the court found that complete relief was available within the Australian proceedings, and therefore, the wife was estopped from pursuing further spousal maintenance claims in Italy based on the principle of *res judicata*. Consequently, the husband's application for an anti-suit injunction was granted.

The orders made by the court included the dismissal of the wife's application, directions for the parties to withdraw and discontinue all proceedings in the Italian courts relating to property and financial matters, and an injunction restraining either party from commencing further proceedings in Italy concerning property and financial matters arising from the marriage breakdown. The husband's response was otherwise dismissed.