Koch & Kest

In the matter of SYC 8089 of 2018, Ms Koch (the applicant) and Mr Kest (the respondent) presented a dispute concerning property adjustment and spousal maintenance following the breakdown of their de facto relationship. The case was heard by Gill J.

The court was required to determine the appropriate property adjustment between the parties, considering factors such as contributions, the impact of family violence on the applicant's contributions, and post-separation contributions. Additionally, the court needed to assess the claim for spousal maintenance.

Gill J ordered a significant property settlement, requiring the husband to pay $264,000 to the wife and transfer his interest in the Suburb G property to her, while the wife was to discharge associated mortgages. The husband was declared the sole owner of the Suburb H property and Business C, with provisions for indemnifying the wife against related liabilities. The court also ordered the husband to pay the wife spousal maintenance of $800 per week until September 2023. In the event of non-compliance with the primary payment order, the court outlined a detailed mechanism for the sale of the Suburb H property and, if necessary, Business C, to satisfy the wife's entitlements, with specific disbursement priorities. The court also imposed restraints on the husband's dealings with certain assets pending compliance.