MEDDOW & ESTATE OF THE LATE MS MEDDOW

This case concerned a property settlement dispute between Mr Meddow and the Estate of the late Ms Meddow, heard in the Family Court of Australia. The primary dispute revolved around the assessment of contributions made by each party during their 16-year cohabitation and the subsequent division of net assets and superannuation. A significant factor was that Ms Meddow passed away after the final hearing but before judgment was delivered, leading to her personal legal representatives being substituted as parties.

The court was required to determine the appropriate division of the parties' net assets and superannuation, considering their respective financial and non-financial contributions throughout the marriage, including their roles as homemakers and parents. Furthermore, the court had to consider whether any adjustment under section 75(2) of the *Family Law Act 1975* (Cth) was warranted in favour of Mr Meddow, given his sole care of the parties' two young children following Ms Meddow's death. The jurisdiction to make a superannuation splitting order in favour of the deceased wife's estate was also a key issue.

The court reasoned that while Mr Meddow had made greater initial and financial contributions, and a significant contribution to the welfare of the family after Ms Meddow's death, the parties' homemaker and non-financial contributions prior to the birth of their children were equal. Following the children's birth, Ms Meddow made a greater homemaker and parenting contribution, although Mr Meddow also contributed significantly in this regard. The court assessed the contributions to the pool of net assets and superannuation at 65% to Mr Meddow and 35% to Ms Meddow. An adjustment of 7% was made in favour of Mr Meddow under section 75(2) due to his increased responsibilities as the sole caregiver. The court found it had jurisdiction to make a superannuation splitting order from the surviving spouse's interest to the deceased spouse's estate.

The court ordered that Mr Meddow would retain the former matrimonial home where he resides with the children. The net assets and superannuation were to be divided with a 65% to 35% split in favour of Mr Meddow. Crucially, Mr Meddow's superannuation interests were to be split to satisfy the Estate's entitlement, with the Estate to be paid a base amount of $1,105,461 from splittable payments. The court also appointed a Registrar to execute any necessary documents if a party refused to comply with the orders.