IABH & HRBH

The case involved a dispute between IABH and HRBH concerning property settlement and child support. The Full Court had previously allowed an appeal and remitted the matter for rehearing, directing the trial judge to assess the husband's contribution up to 15 November 2004 at 70%. The trial judge was to consider updated asset values, subsequent contributions, and section 75(2) factors. Key legal issues included whether potential future Capital Gains Tax should be included in the asset pool or treated as a section 75(2) adjustment, how such tax liability should be calculated, and whether contributions should be assessed globally or on an asset-by-asset basis.

In relation to child support, the parties agreed on a departure from the standard assessment, but the amount payable by the husband was disputed. The court was required to determine the husband's child support obligations, taking into account agreed additional contributions.

The court ordered the husband to pay a sum equivalent to 25% of the asset pool to the wife within 30 days, accounting for prior receipts and property transfers. Default in this payment would trigger the sale of specified real properties, commencing with a property in far north Queensland, followed by other properties if the initial sale proceeds were insufficient. The proceeds of sale were to be applied first to sale costs, then to discharge mortgages, then to satisfy the wife's payment, with any balance to the husband. The court also appointed a Registrar or Deputy Registrar to execute necessary documents if the husband defaulted. Furthermore, the husband was ordered to indemnify the wife against various past, present, and future liabilities, including taxes and debts related to business entities. For child support, the court ordered a departure from the assessment, with the husband to pay $300 per week per child from 22 March 2005, and to clear arrears within 30 days. Default in arrears payment would lead to the sale of the Villa, as outlined in the property orders. The husband was also ordered to pay private school fees, sporting and tuition fees, musical tuition, private tutoring, internet costs, and school bus fees for the children.