Perkins & Perkins

In *Perkins & Perkins*, the Family Court of Australia considered a property settlement dispute between a husband and wife. The parties had agreed on the asset pool, which was modest, and had also agreed to exclude superannuation entitlements from the distribution. The primary dispute concerned the division of the remaining assets, with the wife seeking a greater share based on her post-separation contributions and the husband arguing for equal contributions.

The court was required to determine the just and equitable division of the parties' property. Specifically, the court needed to assess the contributions of each party, both before and after separation, and consider relevant factors under section 75(2) of the *Family Law Act 1975* (Cth) to make an adjustment to the contribution-based entitlements. The court also had to decide whether to lift a stay on an order for costs previously made against the husband.

Justice Cronin found that while the parties' contributions were equal up until separation, the wife had made significantly greater contributions post-separation. This was due to her sole care of the two young children and her acquisition of her own home through her own labour without the benefit of child support from the husband, who had benefited from the proceeds of the former matrimonial home. Considering these factors and the husband's slightly better financial position, the court adjusted the division, awarding the wife 75% of the asset pool. The court also lifted the stay on the costs order, requiring the husband to pay the wife's costs within 90 days.