Maddiford and Maddiford

In *Maddiford & Maddiford* [2012] FamCA 1055, the Family Court of Australia considered an application by the husband seeking dismissal of property settlement proceedings initiated by the wife. The wife had sought a division of net non-superannuation assets at 45% to the husband and 55% to the wife, and a 50/50 split of superannuation assets. The husband sought orders that each party retain their respective property.

The court was required to determine whether it was appropriate to proceed with the property settlement proceedings on an undefended basis, given the wife's absence and the husband's solicitors' efforts to locate her. Additionally, the court had to consider the appropriate orders regarding property settlement, taking into account sections 79 and 75(2) of the *Family Law Act 1975* (Cth), and whether to award costs against the wife, considering the factors in section 117(2A) of the Act.

Justice Dawe found that the husband's solicitors had made appropriate attempts to locate the wife and that it was therefore appropriate to proceed on an undefended basis. In considering the property settlement, the court took into account the short duration of the marriage, the significant contributions of the husband to the acquisition and maintenance of assets, and the assets each party possessed prior to and since separation. The court also noted discrepancies in the wife's financial statements. Consequently, the court ordered that the property settlement proceedings be dismissed, allowing each party to retain their current assets. The court further ordered that the wife pay the husband's costs of the proceedings, noting that the wife had been wholly unsuccessful and had initiated the proceedings.