Marsh & Marsh & Anor

Aldridge J considered an application by the wife for property settlement orders pursuant to s 79 of the *Family Law Act 1975* (Cth) and for spousal maintenance. The wife did not appear at the hearing, which had been previously vacated at her request. The court was satisfied the wife had proper notice of the hearing dates and, given this, that it was the second date fixed for hearing, the outstanding debt to the Commissioner of Taxation and accruing interest, and the general desirability of finalising the litigation, the court determined to proceed with the hearing in her absence.

The primary legal issues before the court were whether it was just and equitable to alter the property interests and rights of the parties, and to consider the factors under s 79 and s 75(2) of the Act. The court was also required to determine the wife's application for spousal maintenance.

In relation to property, the court found that the husband's initial financial contribution was significantly greater than the wife's, but that their financial and non-financial contributions to their property and their contributions to the welfare of the family were equal. An adjustment of 15 per cent in the wife's favour pursuant to s 75(2) was considered appropriate. However, having regard to a partial property settlement already received by the wife, the court determined that a division of the remaining assets as to 55 per cent to the wife and 45 per cent to the husband was appropriate. Regarding spousal maintenance, the court found there was no evidence to support the wife's application for $30,000 per month and dismissed this application, while also stating it was not prepared to discharge the current order for spousal maintenance.

The court made orders dismissing the wife's application for property settlement, transferring the G Town property to the wife, and confirming the wife's retention of OO Company Limited and the CC Town property, subject to her indemnifying the husband against liabilities of the company. The K Town property was ordered to be sold by public auction, with the wife to occupy it pending sale under specific conditions. Sale proceeds were to be applied in a defined order, with the balance to be divided 47 per cent to the wife and 53 per cent to the husband. The wife's spousal maintenance application was dismissed, and the husband was to retain distributions from the PP Group. Each party was to retain other property in their possession. The Registrar was appointed to execute documents if a party refused or neglected to do so.