Karbines & Karbines and Ors (No. 2)

This case involved a dispute between a husband and wife concerning the division of their property. The court was required to determine the existence, ownership, and value of various assets and liabilities, including the beneficial ownership of a business held through three liquidated companies. The husband's evidence was found to be inconsistent and unsatisfactory, and he failed to call any witnesses to support his claims.

The primary legal issues before the court were to ascertain the extent of the husband's beneficial ownership of the business, to determine the existence and proof of alleged debts, and to assess the contributions of each party to the acquisition, conservation, and improvement of their property. The court also considered the impact of the wife's inheritance and the husband's mother's contribution to the purchase price of a property.

Dawe J found that the wife's contributions, particularly through an inheritance, were significant, leading to an assessment of contributions favouring the wife by 70% to 30%. The court determined that no further adjustment was warranted under section 75(2) of the Family Law Act 1975 (Cth). The court then made detailed orders regarding the sale and distribution of proceeds from various properties, the discharge of mortgages and debts, the transfer of interests in companies and properties, and the retention of specific assets by each party. The husband was also ordered to indemnify the wife against various debts and liabilities. The question of costs was reserved.