LAYTON & LAYTON

This matter concerned property adjustment proceedings between a husband and wife, heard by Judge Harman. The dispute arose from the division of assets and liabilities following the breakdown of the marriage. A significant factor in the proceedings was the husband's failure to participate, which led to the wife's evidence remaining largely unchallenged.

The court was required to determine the appropriate division of the parties' property interests, taking into account their respective contributions, the wife's role as primary caregiver, significant family violence, and the future needs of each party. Key considerations included the husband's age and capacity to work, the wife's health and her role as a full-time carer, and the husband's premature distribution of funds.

Judge Harman applied the principles of the *Family Law Act 1975* (Cth) to assess the contributions of each party. The court found the wife's contributions, particularly to the husband's business and her role as primary caregiver, to be significant. The court also considered the impact of family violence and the disparate future needs of the parties, including the husband's age and the wife's ongoing care responsibilities. Ultimately, the court ordered a property adjustment of sixty per cent in favour of the wife.

The orders detailed a complex scheme for the transfer of property and payment of funds between the parties, including specific timelines and provisions for the sale of properties if necessary. The husband was ordered to pay a substantial sum to the wife within ninety days, and to transfer his interest in one property while receiving the wife's interest in another. The orders also addressed the refinancing of mortgages, the sale of properties, and the distribution of proceeds, as well as the allocation of capital gains tax liabilities and the exclusive occupation of certain properties.