Peters & Walker

This case involved a property settlement dispute between a de facto wife, Ms Peters (the applicant), and a de facto husband, Mr Walker (the respondent), following a 25-year relationship. The parties agreed that a de facto relationship existed for the purposes of Part VIIIAB of the *Family Law Act 1975* (Cth) and sought a property settlement under s 90SM of the Act. The de facto wife alleged significant initial financial contributions, and raised issues concerning alleged tax non-payment and waste by the de facto husband, seeking an adjustment under s 90SF of the Act in relation to monies allegedly spent by the respondent.

The court was required to determine the appropriate division of the parties' property pool. This involved considering the de facto wife's initial financial contributions, the parties' dealings with four properties during their relationship, and allegations of financial misconduct by the de facto husband. The court also had to make orders for the transfer, sale, and division of various assets, including real estate, vehicles, bank accounts, and personal effects.

Benjamin J ordered that the property pool be distributed in the proportion of 60 per cent in favour of the applicant de facto wife and 40 per cent in favour of the respondent de facto husband. The orders detailed the specific arrangements for the transfer or sale of the parties' property at B Street, Suburb C, including the discharge of mortgages, payment of sale expenses, and the division of net proceeds to achieve the 60/40 split. The respondent was to receive the proceeds from the sale of the D Town property, with capital gains tax to be shared equally. Various other assets, including a joint bank account, shed contents, and personal chattels, were to be divided or allocated between the parties. Each party was to be solely liable for liabilities and debts associated with property or assets they received under the orders.