Lao and Lao & Anor

In the matter of *Lao and Lao & Anor*, Foster J considered competing applications for property adjustment, child maintenance, and spouse maintenance. The dispute involved issues of the husband's non-disclosure and late disclosure of financial information. The court also had to consider funds advanced by the husband's family, which were regarded as contributions favouring the husband.

The court was required to determine the appropriate division of the parties' property pool, taking into account post-separation contributions by the wife which led to a conclusion of equal contributions to trial. Further, the court needed to assess the children's needs and the parties' capacities to contribute to child maintenance, particularly given the husband's residency in Country R where the Child Support Scheme did not apply. Finally, the court had to consider the wife's ability to support herself and her reasonable needs in the context of the property orders, and the husband's capacity to pay spouse maintenance.

Foster J reasoned that the wife's post-separation contributions warranted an equal division of contributions to trial. An adjustment in favour of the wife was made under s 75(2) of the relevant Act, resulting in an overall property pool division of 60 per cent to the wife and 40 per cent to the husband. For child maintenance, the court considered the children's proper needs and the parties' capacities, assessing a periodic liability for the husband which was then discounted and capitalised into a lump sum. Regarding spouse maintenance, the court found the wife unable to adequately support herself and ordered a closed period of periodic payments, also to be paid as a lump sum.

The court ordered a division of property with the wife receiving 60 per cent and the husband 40 per cent, detailing specific transfers of property interests and mortgage discharges. The husband was ordered to pay a lump sum of $171,000 for child maintenance and $6,500 for spouse maintenance. The wife was granted a charge against the husband's interest in a property in Country O to secure these payments, with liberty to register such claim, charge, or encumbrance. In default of the husband's compliance, the wife was appointed Trustee for Sale of the Country O property, with the net proceeds to be applied towards satisfying the outstanding property adjustment, child maintenance, spouse maintenance, and legal fees, with any balance to be paid to the husband.