Mallard & Mallard

In the matter of *Mallard & Mallard*, the wife, Ms Mallard, sought leave to reopen her case to pursue spousal maintenance orders. The husband, Mr Mallard, was the respondent. The proceedings were before Fowler J.

The primary legal issues before the court were whether the wife should be granted leave to reopen her case for spousal maintenance, and the division of property between the parties.

Fowler J dismissed the wife's application for leave to reopen her case for spousal maintenance. The court declared the wife the sole legal and beneficial owner of the M Town property. The husband was ordered to pay the wife $150,000, with $100,000 payable within 21 days and the balance in monthly instalments. The wife was also awarded absolute ownership of household contents, livestock, horse accessories, farm machinery and equipment at M Town, and her superannuation entitlements. The wife was ordered to transfer her interest in the C Town property to the husband. The husband was entitled to absolute ownership of various other properties in C Town, household contents, plant, machinery, equipment, livestock, horse accessories, his superannuation, and shares in I Pty Ltd and J Pty Ltd. The husband was also ordered to indemnify the wife against any claims by J Pty Ltd or the Taxation Department concerning company loans in her name. Otherwise, each party was to retain their own property.