Newett & Newett (No. 3)

In *Newett & Newett (No. 3)*, Baumann J of the Family Court of Australia was required to make property adjustment orders between Mr Newett (the applicant) and Ms Newett (the respondent). The proceedings concerned the division of the parties' assets and liabilities. Crucially, the wife failed to attend the property hearing, and the Court proceeded to hear the matter in her absence.

The central legal issues before the Court were to identify the pool of assets and liabilities, assess the parties' respective financial and non-financial contributions, consider the relevant factors under section 75(2) of the *Family Law Act 1975* (Cth), and ultimately determine whether any proposed property adjustment orders were just and equitable. The Court also had to consider evidence regarding distributions from the UU Trust, which was controlled by the wife's mother, Ms Adlam.

Baumann J applied the well-established four-step process for property settlement cases. The Court made findings regarding the UU Trust, accepting Ms Adlam's evidence that her daughter had not received any distributions and had no right to demand them, and that the Trust was a modest entity with its assets largely consumed by a loan to Ms Adlam and her husband. Despite the wife's absence, the Court considered her filed documents, including her case outline chronology, amended response, and financial statements. The Court noted that no specific findings as to credit were made as neither party gave evidence in the witness box.

The Court ordered that the proceedings be adjourned for further submissions regarding the form of property orders, to be heard on 10 May 2021.