Peters and Peters & Ors

In this matter before Loughnan J of the Family Court of Australia, the proceedings concerned a property settlement between a husband and wife, with one child of the marriage. The husband died after the initial hearing but before judgment. The wife was granted leave to continue the proceedings against the husband's legal personal representative. The court also considered applications made by both parties under s 106B of the relevant Act, which ultimately failed.

The primary legal issues before the court were whether it was just and equitable to make a property settlement order under s 79 of the Family Law Act 1975 (Cth), and whether the wife's claim against the trustee of the husband's superannuation fund could succeed. The court was also required to determine whether to grant an injunction restraining the wife from disseminating certain materials related to the proceedings.

The court found that it was just and equitable to make a property settlement order, noting that while the wife's initial contributions and contributions to the family were greater, the husband's financial contributions to the main pool of assets ultimately balanced out. The court also found no evidence to support the wife's claim against the superannuation fund. Regarding the injunction, the court found that the wife had disseminated material containing serious complaints about the second respondent, and an order was made to restrain her from forwarding such communications to his employer and professional bodies.

The court ordered a payment of $73,945 from the husband's superannuation fund to the wife, with the balance to be disbursed to the husband's estate. Previous orders regarding the sale of a property were vacated. Each party was declared the sole owner of property in their possession, and the wife was restrained from forwarding communications referencing Mr R Peters to specific educational and professional institutions. All other outstanding applications were dismissed, except for costs.