Kendling and Kendling and Anor

In the matter of *Kendling and Kendling and Anor*, heard before Watts J, the dispute concerned an application by the first respondent, Ms Kendling, for an order that the second respondent, Mr Kendling, pay her a lump sum of $150,000. This application was made pursuant to section 75 of the *Family Law Act 1975* (Cth) (the Act). The applicant, Ms Kendling, sought to have the property of the parties divided in a manner that reflected the contributions made by each party to the marriage, and also sought to address the future needs of both parties.

The primary legal issue before the court was whether the applicant had established a case for a property adjustment under section 75 of the Act. This required the court to consider the contributions of each party, both financial and non-financial, to the acquisition, conservation, and improvement of the property of the marriage, as well as to the welfare of the family constituted by the parties. Furthermore, the court was obliged to consider the relevant factors outlined in section 75(2) of the Act, which include the age and health of the parties, the duration of the marriage, and the respective incomes, financial resources, and earning capacities of each party.

Watts J's reasoning focused on the disparity in the parties' financial positions and future needs. The court found that Ms Kendling had made significant non-financial contributions to the marriage, including homemaking and parenting, which had enabled Mr Kendling to advance his career. Conversely, Mr Kendling's financial contributions were substantially greater. Applying the principles of section 75 of the Act, the court determined that a property adjustment was warranted to address the disparity in future needs and to recognise Ms Kendling's contributions.

The court ordered that Mr Kendling pay Ms Kendling the sum of $150,000.