HILLMAN & CARSON

In this matter before Carew J, the applicant, Mr Hillman, and the respondent, Ms Carson, sought an adjustment of property under s 90SM of the *Family Law Act 1975* (Cth) following the breakdown of their 13-year de facto relationship, during which they had two children. The court was required to determine whether it was just and equitable to make such an order and, if so, what that order should entail, considering the parties' contributions and future care arrangements for the children.

The court was tasked with assessing the parties' respective contributions to the relationship and their assets, and determining an appropriate property adjustment. A key issue was the division of the respondent's superannuation interest, U Super, and the future responsibility for liabilities associated with jointly held properties. The court also considered, and ultimately dismissed, the respondent's application for spousal maintenance.

Carew J found the parties' contributions to be largely equal and determined that it was just and equitable to make a property adjustment. The court ordered that the applicant retain the property at Q Street, Suburb L, Queensland, and the respondent retain the properties at S Street, T Town, Queensland, and J Street, Suburb A, Queensland, with each party indemnifying the other from liabilities associated with the retained properties. Crucially, the applicant was granted a 30 per cent interest in the respondent's U Super, to be paid by the trustee of U Super whenever a splittable payment became due. The respondent's application for spousal maintenance was dismissed, and existing applications were also dismissed.