Nga and Liang (No 2)

This case involved property settlement proceedings in the Family Court of Australia between Ms Nga (the wife) and Mr Liang (the husband). The proceedings were undefended due to the husband's consistent failure to participate or comply with court orders. The wife sought orders for the division of property, including the sale of a commercial property and the transfer of the former matrimonial home to her.

The primary legal issues before the court were to determine a just and equitable division of the parties' property under section 79 of the *Family Law Act 1975* (Cth), and to consider an application for costs by the wife. The court was required to assess the parties' financial and non-financial contributions, as well as consider relevant matters under section 75(2) of the Act, including the responsibilities for the parties' three children and their respective economic circumstances.

Justice Cronin applied a four-step approach to property settlement, considering the parties' contributions and the factors outlined in section 75(2) of the Act. The court found the parties' contributions to be equal, with significant weight given to the wife's post-separation contributions in caring for the children and managing the household while working. After considering section 75(2) factors, including the children's welfare and the modest asset pool, the court determined a 70 per cent entitlement for the wife and 30 per cent for the husband. The court also ordered the husband to pay the wife's costs of the proceedings, fixed at $18,516, due to his failure to comply with court orders and his lack of participation, which necessitated additional expenses for the wife.

The court ordered the husband to transfer his interest in the former matrimonial home to the wife at an agreed value of $390,000. The husband's interest in a commercial property was to be transferred to the wife as trustee for sale, with the wife to conduct the sale. The net proceeds of this sale, after costs, were to be added to the $390,000, and the total sum divided 70 per cent to the wife and 30 per cent to the husband. The husband's 30 per cent entitlement was to be reduced by $18,516 for the wife's costs. Each party was to retain other property in their possession, and the husband was ordered to vacate the commercial property by a specified date and was restrained from attending thereafter without the wife's consent.