Mayhew & Fairweather

In the matter of *Mayhew & Fairweather*, heard by Wilson J, the applicant, Ms Fairweather, and the respondent, Mr Mayhew, sought orders for the alteration of their property interests following a lengthy marriage and subsequent separation. The dispute concerned the division of a significant asset pool, including various properties, superannuation interests, and shareholdings, with a particular focus on the proceeds from the sale of a property located at Suburb C.

The court was required to determine whether making an order under section 79 of the *Family Law Act 1975* (Cth) was just and equitable in the circumstances, and if so, what alteration of property interests would be just and equitable. This involved assessing the parties' initial contributions, their subsequent direct and indirect financial and non-financial contributions throughout the marriage and post-separation, and considering the specific assets and liabilities within their combined pool. The court also had to address the division of superannuation interests and the implications of an inheritance received by the applicant.

Wilson J applied the principles of section 79 of the *Family Law Act 1975* (Cth), requiring the court to be satisfied that any order made was just and equitable. The court considered the parties' contributions holistically, noting that while initial contributions were weighted in favour of the respondent, their contributions to the acquisition, conservation, and improvement of property during the marriage were essentially equal, excluding inheritances. The court found the applicant's inheritance to be substantially greater than the respondent's. The decision adopted a "two-pool" approach to manage the uncertainty surrounding the sale of the Suburb C property, separating it and its associated liabilities from other assets.

The court ordered an alteration of property interests as to 60% in favour of the applicant, Ms Fairweather. This was achieved through a detailed division of assets and liabilities, including specific orders for the sale of the Suburb C property, the transfer of other properties and shareholdings, and the division of superannuation interests. The orders also included provisions for indemnities and the release of parties from certain debts, with a registrar empowered to execute documents if a party refused to comply.