NAISBY & NAISBY (No.2)

This matter concerned a property dispute between the parties, NAISBY & NAISBY (No.2), before L. Turner J in the Family Court of Australia. The dispute arose following the separation of the parties after a long marriage. The wife had been required to manage and ultimately sell the parties' business post-separation, while the husband had received disability payouts after separation without the wife's knowledge.

The court was required to determine how to treat the husband's post-separation disability payments in the division of the matrimonial asset pool. Additionally, the court had to consider the appropriate percentage split of the total asset pool between the parties and determine the wife's application for spousal maintenance.

In reaching its decision, the court applied the principles of property adjustment under the *Family Law Act 1975* (Cth). His Honour found that a proportion of the husband's disability payments should be added back into the asset pool, reflecting their nature as a resource available to the husband. The court determined that the wife should receive 55% of the total asset pool, acknowledging her contributions and the circumstances of the post-separation period. The wife's application for spousal maintenance was dismissed.