MABBITT & MABBITT

In *Mabbitt & Mabbitt*, the Family Court of Australia considered a property dispute arising from a 26-year marriage. The wife sought a division of assets, alleging that the husband and his family had conspired to alienate property to defeat her claim. A central issue was the extent to which assets held within the husband's family trust should be included in the matrimonial property pool, given alterations to the trust structure that occurred after the death of the husband's brother but predated the parties' separation.

The court was required to determine whether the husband and his family had acted to defeat the wife's claim by altering the family trust. It also needed to consider the wife's contributions to the marriage, which were found to be essentially equal to the husband's, and assess whether any adjustment to the property division was warranted in her favour, particularly in light of future needs.

Burchardt J found that while the husband's family trust had been altered after the death of the husband's brother, these alterations occurred before the parties separated. Consequently, the trust assets themselves were not included in the matrimonial property pool. However, the court acknowledged that the husband's family resources were clearly available to him. Applying principles of property adjustment, the court determined that a 12% adjustment in the wife's favour was appropriate to address her future needs.