Myrtle & Myrtle

This case involved a dispute between a husband and wife concerning the division of their property following a 24-year cohabitation and the upbringing of two adult children. The wife had not been employed since the birth of the first child and had made significant parenting and homemaking contributions, particularly in light of the husband's work-related absences. Both parties were found to have failed in their duty of full and frank disclosure, with evidence of asset concealment. The proceedings also addressed issues relating to the "pool" and "add-back" of assets, substantial gifts received from the husband's family, the expenditure of available capital, and the treatment of significant gambling losses incurred by the wife. Additionally, the husband had sought and obtained an Anton Piller Order to recover two paintings allegedly being secreted by the wife.

The court was required to determine the appropriate division of the net property pool, considering the parties' contributions, financial resources, and the impact of undisclosed assets and gambling losses. Key legal issues included the valuation and treatment of assets, the extent to which gambling losses should be "added back" to the property pool, and the consequences of the parties' failure to make full and true disclosure. The court also had to consider the wife's application to discharge the Anton Piller Order and the husband's claim for costs associated with those proceedings, as well as the wife's claim for her own costs in relation to the Anton Piller Order application.

In its reasoning, the court ultimately ordered an equal 50/50 division of the net property pool. The court's orders detailed the sale of numerous properties, with specific instructions regarding listing prices, auction procedures, and the distribution of sale proceeds, including provisions for capital gains tax and outstanding outgoings. The former matrimonial home was to be transferred to the wife, subject to her refinancing the associated mortgage. The court also made specific orders regarding the division of various chattels, bank accounts, superannuation entitlements, and other assets. The husband was ordered to pay adult child maintenance to both adult children and to the wife on their behalf, with provisions for adjustments based on the children's income.

The court made no order as to costs in respect of interim applications or the husband's application for the Anton Piller Order, indicating that each party was to bear their own costs in relation to those matters. The extensive orders also addressed the transfer of shares and loan accounts in a company, X Pty Ltd, and the respective liabilities of each party. Liberty to apply was granted to either party for the interpretation or implementation of the orders.