Mynatt and Siddall & Anor

This matter concerned a property settlement dispute between a de facto wife, the applicant, and her de facto husband, the first respondent, before Watts J of the Family Court of Australia. Case guardians had been appointed for both parties. The primary asset in dispute was the applicant's half interest in the former matrimonial home, which was subject to several caveats lodged against its title.

The court was required to determine the appropriate property settlement orders, considering the contributions of each party and the impact of family violence perpetrated by the husband, which rendered the wife's contributions significantly more arduous. The court also had to address the complexities arising from the caveats lodged against the property and ensure a just and equitable distribution of the asset.

Watts J found that the husband's conduct, specifically the perpetration of family violence, had made the wife's contributions to the relationship and the acquisition, conservation, and improvement of the property more arduous. Applying principles of property adjustment under the *Family Law Act 1975* (Cth), the court ordered the husband to pay the wife a sum of $168,000 within two months. In the event of non-payment, the court provided for the sale of the Suburb E property, with specific directions for the distribution of the net proceeds, including the payment of sale costs, discharge of a mortgage, the $168,000 to the applicant with interest, a payment to T Lawyers, and the balance to be held pending finalisation of claims by Ms U Siddall or Mr V Siddall. Liberty was granted to relist the matter for implementation of these orders, including any disputes concerning caveats or the sale process. The court also discharged previous orders and made new provisions regarding the Suburb E property sale proceeds in favour of the applicant's solicitors' trust account.