Newman and Newman

In *Newman & Newman*, the Family Court of Australia considered an application for property adjustment pursuant to s 79 of the *Family Law Act 1975* (Cth) between Ms Newman (the applicant wife) and Mr Newman (the respondent husband). The parties had cohabited for 28 years and had three adult children. The primary dispute concerned the division of their assets, particularly a substantial inheritance received by the wife after separation and the husband's claim of a "special contribution" to the marriage. Both parties proposed a "two pooled approach" to asset division, but on different bases.

The court was required to determine the appropriate method for dividing the parties' property, considering the contributions of each party, the financial resources of each party, and the future needs of the parties and their children. Key issues included whether the husband's employment in the finance industry constituted a "special contribution" warranting an adjustment in his favour, how to treat the wife's significant inheritance received post-separation, and the division of superannuation interests. The court also had to address the parties' differing proposals for pooling assets and the division of a family company.

The court found that the husband had not made a "special contribution" to the marriage, a concept that requires exceptional circumstances beyond the ordinary contributions of a spouse. The court acknowledged the wife's substantial inheritance received after separation, and while the husband did not claim a contribution to this inheritance, he sought a significant adjustment in his favour under s 79(4)(d)-(g) of the Act. The court ultimately ordered a division of assets that included the transfer of the former matrimonial home to the wife, the transfer of the parties' shareholding in N Pty Limited to the husband, a split of the husband's superannuation interests, and the allocation of specific bank accounts and motor vehicles to the children. The court also appointed the Registrar to execute documents if either party refused to do so.