MACKINTOSH & GREER

In the matter of *Mackintosh & Greer*, Dawe J considered an application for final orders regarding the adjustment of property interests between a husband and wife. The dispute arose in the context of a property settlement following a marriage of short duration, where the husband had introduced substantial assets into the relationship.

The primary legal issues before the court were whether a global or asset-by-asset approach was appropriate for determining the property adjustment, and how to treat a substantial liability the husband sought to include in the asset pool. The court also had to consider the financial and non-financial contributions of both parties during the marriage and the impact of section 75(2) factors.

Dawe J determined that a global approach was appropriate given the circumstances, particularly the wife's contributions during the marriage. The court was not satisfied as to the existence or enforceability of the liability the husband sought to include, and therefore did not incorporate it into the asset pool. After assessing the contributions, the court found them to be 75% in favour of the husband, and no further adjustment was made after considering the section 75(2) factors.

The court ordered that the husband transfer his interest in a property at G Street, R, South Australia, to the wife, provided she discharged the joint mortgage and exonerated the husband from liability. Additionally, the husband was ordered to pay the wife a sum of $1,665,238.00. Save for these provisions and costs, each party was to retain their respective property, and all other applications were dismissed.