Heng and Long and Ors (No 2)

In *Heng and Long and Ors (No 2)*, Forrest J of the Federal Circuit and Family Court of Australia determined property settlement and ancillary orders between an applicant wife and a first respondent husband. The dispute concerned the division of various assets and liabilities, including real estate, motor vehicles, company shareholdings, bank accounts, and funds held on trust. The court was tasked with making final orders regarding the distribution of these assets and the payment of costs and other sums between the parties.

The court was required to determine the specific assets and liabilities that each party would retain as their sole property. This involved identifying and valuing the various components of the marital estate, including the Suburb J property, the Suburb C apartment, motor vehicles, furniture and personal effects, bank accounts, and shareholdings in F Pty Ltd and P Pty Ltd. Furthermore, the court needed to address the disposition of funds held on trust by the applicant wife's solicitor and the distribution of interest earned on those funds. A key issue was also the treatment of a deposit paid by F Pty Ltd as trustee for the G Trust on a contract to purchase an apartment, and whether that deposit had been forfeited.

Forrest J applied principles of family law concerning property division, aiming for a just and equitable outcome. The reasoning involved a detailed allocation of specific assets to each party, reflecting their possession and likely future needs. The court ordered the applicant wife to retain certain funds, shipping containers, a motor vehicle, furniture, personal effects, and all monies in her bank accounts. The first respondent husband was ordered to retain the Suburb C apartment, a motor vehicle, furniture, personal effects, his shareholdings in F Pty Ltd and P Pty Ltd, and monies in his bank accounts. Crucially, the husband was ordered to pay a significant sum to the wife, both as a property settlement and towards her costs. The court also made specific orders regarding the forfeited deposit, requiring the husband to provide evidence of its forfeiture and, unless excused, to pay a portion of it to the wife. In default of payment, the Suburb C apartment was to be sold to satisfy the sums owed. The husband was also directed to remove the wife as a primary beneficiary of the G Trust and to indemnify her against liabilities arising from certain trusts and companies.