KYRIAZIS & KYRIAZIS

In the matter of *Kyriazis & Kyriazis*, Johnston J of the Family Court of Australia considered an application by the wife for property settlement following the breakdown of a 33-year marriage to the husband, who had not participated in the proceedings. The court was satisfied that service requirements had been met and granted the wife leave to proceed with her application as an undefended matter.

The primary legal issues before the court were to determine the appropriate property settlement orders, considering the contributions of each party and the relevant matters under section 75(2) of the *Family Law Act 1975* (Cth). The court noted its inability to make precise findings regarding contributions due to the husband's non-participation and lack of financial disclosure.

Johnston J reasoned that the wife's poor state of health and the husband's failure to engage in the proceedings and provide financial disclosure warranted an adjustment in favour of the wife. The court made orders reflecting this adjustment, including the transfer of the C Town, Suburb E, and Suburb G properties to the wife, with the wife indemnifying the husband against any liabilities associated with these properties. The wife was also to retain a specific motor vehicle and the contents of the C Town property. The husband was to retain any real property situated in Country H. The court also made provisions for the discharge of outstanding liabilities on the transferred properties and appointed the Registrar to execute necessary documents if either party failed to do so. The wife was ordered to pay her former legal representatives and each party was to bear their own costs.