Judge and Judge (No. 2)

In *Judge and Judge (No. 2)*, Berman J of the Family Court of Australia determined property settlement orders between a husband and wife. The proceedings were undefended by the husband, who was facing separate criminal and civil litigation and had failed to disclose his financial circumstances. The court was required to make final property orders in these circumstances.

The central legal issues before the court were whether it was just and equitable to make final property orders without full disclosure from the husband, and how to distribute the available assets. The court considered the impact of the husband's actions, which had led to a significant diminution of the asset pool, and the wife's overwhelming contributions to the marriage. The court also had to consider the factors outlined in section 75(2) of the *Family Law Act 1975* (Cth).

Berman J drew an adverse inference against the husband due to his non-participation and failure to disclose. The court found that it was just and equitable for the wife to receive 65 per cent of the available assets, given the husband's conduct and the wife's substantial contributions. The orders detailed a complex division of various assets, including real estate, companies, trusts, and financial accounts, with specific provisions for indemnities and the discharge of liabilities.