JAMESON & NEALE

This matter concerned a property settlement proceeding between the applicant, Jameson, and the respondent, Neale, arising from their de facto relationship. The dispute involved the division of assets accumulated during the relationship, which were largely operated through a trust and company structure. Allegations of tax fraud and concealment of cash were raised, with the applicant having self-reported to the Australian Taxation Office. The court was also required to consider applications for child support and spousal maintenance.

The court was tasked with determining the just and equitable division of the parties' property interests. Specifically, it needed to assess whether the criteria for granting a departure order in relation to child support were met, and whether the respondent had demonstrated an inability to adequately support herself, either by reason of the property adjustment orders or otherwise, to satisfy the threshold for spousal maintenance.

In its reasoning, the court found that the grounds for a departure order under the Child Support (Assessment) Act 1989 (Cth) were not made out, thus dismissing the child maintenance application. Similarly, the court determined that the threshold criteria for spousal maintenance, as set out in paragraph 90SF(1)(a)-(b) of the relevant legislation, were not satisfied, leading to the dismissal of the respondent's spousal maintenance application. The court concluded that an alteration of property interests was just and equitable, and ordered an asset pool split of 38% in favour of the applicant and 62% in favour of the respondent, with specific orders detailing the retention of various assets by each party and the division of net proceeds from property sales.