Ignacio v Ignacio

In *Ignacio v Ignacio*, Austin J of the Family Court of Australia determined property settlement and child support matters between the parties. The primary dispute concerned the division of the parties' assets and superannuation interests, and the husband sought a departure from the administrative assessment of his child support liability.

The court was required to consider whether it was just and equitable to adjust the parties' property interests, and if so, to what extent, given their respective contributions and future needs. Additionally, the court had to determine whether the husband's application for a departure from child support assessment should succeed, particularly in light of the implications of the *Tribunals Amalgamation Act 2015* (Cth) and the historical period of the assessment.

Austin J found that while the parties' contributions were equal, the wife's ongoing role as the primary carer for a child of the marriage warranted a 5% adjustment in her favour. Consequently, the wife was entitled to 55% of the net assets and superannuation interests, and the husband to 45%. Regarding child support, the court dismissed the husband's application, deeming it an abuse of process to treat it as a fresh departure application and finding it neither just nor equitable to grant a departure within a closed historical period. The wife's application for recovery of arrears was also dismissed.

The orders provided for the wife to pay the husband a sum of $256,549 within 60 days, in consideration of which she would become the sole owner of the parties' former home. The orders also detailed the process for the sale of the property should the wife default on payment, and stipulated how the proceeds of sale would be distributed. Each party was declared the sole owner of other assets in their possession, and solely liable for associated debts. The Registrar was empowered to execute documents on behalf of the parties if necessary, and costs were reserved.