Kemp & Wilkinson

In the matter of *Kemp & Wilkinson*, Judge Scarlett of the Federal Circuit and Family Court of Australia considered an application for property settlement between a husband and wife. The parties had a modest asset pool following a short marriage of 19 months, during which they had one child who primarily resided with the wife. The husband sought a property settlement, and the wife sought to dismiss the husband's application and discharge a previous costs order.

The court was required to determine whether a property settlement was just and equitable, considering the parties' contributions and the specific circumstances of the marriage, including the short duration and the existence of a child. Additionally, the court addressed the wife's request for a referral to a child dispute conference, despite parenting proceedings having been finalised by consent orders, and the husband's application concerning costs.

Judge Scarlett found that a property settlement was just and equitable. The court considered the parties' contributions and made an adjustment under section 75(2) of the *Family Law Act 1975* (Cth) in favour of the wife, given the child's primary residence with her. The court dismissed the husband's application for a child dispute conference, noting that parenting proceedings were already finalised and no current proceedings were on foot. The court also dismissed the husband's application regarding costs.

The court ordered that the husband pay the wife the sum of $45,352.42 within three months as a property settlement. Each party was to retain sole entitlement to other property in their possession, with specific provisions for bank accounts, insurance policies, and superannuation. Each party was also to be solely liable for their respective debts and liabilities. All other applications were dismissed.