Lombardi & Lombardi

In *Lombardi & Lombardi*, Judicial Registrar Forbes considered a property settlement dispute between a husband and wife following a marriage of approximately four and a half years, during which they had no children. The core of the disagreement revolved around the division of their assets, including the former matrimonial home and superannuation entitlements.

The court was tasked with determining how to fairly apportion the parties' contributions to the marriage and their assets. Key considerations included the initial contributions made by each party at the commencement of the marriage, significant capital sums introduced by or on behalf of the parties, and the contributions made by each party as homemakers during the marriage, despite its relatively short duration. The court also had to address the competing claims of each party to retain the former matrimonial home, particularly in light of its potential for future redevelopment.

Judicial Registrar Forbes reasoned that the contributions of both parties, both financial and non-financial, warranted consideration. The initial contributions and capital sums were identified as significant factors, alongside the contributions to the home and family. Ultimately, the court determined that an apportionment of 47.5% to the wife and 52.5% to the husband was just and equitable. The court also ordered that each party retain their respective superannuation entitlements. Regarding the former matrimonial home, the court concluded that it would be unfair to compel one party to transfer their interest to the other, and therefore ordered that the property be sold.