Limmen and Limmen

This matter concerned property adjustment proceedings between a husband and wife, both citizens of the United States of America, who had married in 1984 and separated in 2002. The parties had resided in Tasmania from 2001 until their separation, after which the wife remained in Tasmania and the husband returned to the United States. The proceedings were heard by Benjamin J in the Family Court.

The court was required to determine the identity and value of the parties' property and financial resources, assess their respective contributions to the marriage, and consider other relevant factors, including the financial circumstances of each party, to make orders that were just and equitable. Specific issues included the treatment of significant gifts of shares from the wife's brother and bequests received by the husband, and how these should be factored into the division of the marital assets.

Benjamin J applied the four-step approach to property adjustment proceedings as outlined in *Hickey and Hickey*, which involves identifying and valuing property, assessing contributions, considering other relevant factors (including s 75(2) matters), and finally determining just and equitable orders. The court ordered the husband to transfer his interest in a Tasmanian property and two vehicles to the wife, and to pay her a sum of $528.00. In return, the wife was to transfer her interest in various bank and brokerage accounts to the husband upon payment of the aforementioned sum. The court also made orders regarding indemnities for credit card and taxation liabilities, and declared that certain property in the possession of each party was theirs to retain.