KEYES & KEYES

In the matter of *Keyes & Keyes*, heard by Judge Howard, the dispute concerned the division of property between the parties. The proceedings involved consideration of a Division 7A loan, the conduct of the parties in relation to that loan, the nature of a business asset, the parties' respective contributions, their future needs, and the overarching principles of justice and equity.

The court was required to determine how the parties' assets and liabilities should be divided, with particular attention to the implications of the Division 7A loan and the parties' conduct surrounding it. The assessment of contributions, both financial and non-financial, and the future economic circumstances of each party were central to the court's determination of a just and equitable outcome.

Judge Howard's reasoning focused on applying the principles of the *Family Law Act 1975* (Cth) to the specific facts of the case. The court considered the various factors outlined in the Act, including the parties' contributions to the acquisition, conservation, and improvement of their property, as well as their respective responsibilities for the care and welfare of any children. The court also took into account the future needs of each party, such as their age, health, income earning capacity, and the desirability of maintaining the status quo. The conduct of the parties, particularly in relation to the Division 7A loan, was a significant element in the overall assessment.

The court ordered that each party was to provide a copy of a proposed Final Order reflecting the Reasons for Judgment to the other party by 4:00 pm on 17 April 2019. The parties were then to attempt to reach an agreed position on the wording of the Final Order and submit it to the Court by 4:00 pm on 1 May 2019. If agreement could not be reached, each party was to forward their proposed wording to the court by the same deadline. The court indicated it would then issue a Final Order or relist the matter for mention to finalise the wording.