Neubert (deceased) and Neubert & Anor (No. 2)

This case involved an application for property settlement brought by a wife, who was subsequently killed by her husband after filing the application but before the final hearing. The wife's personal legal representative was substituted as a party to continue the proceedings on behalf of her estate. An intervenor was also involved, holding a judgment debt against the husband.

The court was required to determine how to proceed with the property settlement application following the wife's death, specifically considering the application of section 79(8) of the *Family Law Act 1975* (Cth). The court also had to consider whether to make any adjustments under section 75(2) of the Act and how to address the husband's substantial debt to the intervenor in the division of the parties' assets.

The court found that the circumstances met the requirements of section 79(8)(b) of the *Family Law Act 1975*, as declining to make an order would effectively reward the husband for killing the wife. Consequently, the court ordered a division of the parties' assets, with 35% to be paid to the estate of the late wife and 65% to the intervenor, to be set off against the judgment debt owed by the husband. No section 75(2) adjustments were made in favour of the late wife due to her death. The court also made detailed orders regarding the sale of properties and the disbursement of proceeds to satisfy the intervenor's judgment debt and to account for the wife's estate.