PILCH & PILCH

In *Pilch & Pilch*, the Family Court of Australia considered a property settlement dispute between a husband and wife following a long marriage of 42 years. The central disagreement revolved around the appropriate division of assets, with the husband seeking a significant adjustment in his favour, arguing that his initial contributions and a substantial inheritance should be given greater weight. The wife, conversely, sought to have her contributions as homemaker and parent recognised, and also raised allegations of family violence.

The court was required to determine the weight to be given to the husband's initial contributions and his inheritance, and whether these warranted a substantial departure from an equal division of the matrimonial assets. Furthermore, the court had to consider the wife's claim for an adjustment in her favour due to alleged family violence, and the applicability of the principles established in *Kennon v Kennon*.

Johns J found that the husband's initial contributions, comprising properties sold over forty years prior, did not warrant any specific adjustment. Regarding the inheritance, received approximately midway through the 42-year marriage, the court acknowledged that some of the properties were held by the husband before his mother's death and had been improved during the marriage. Nevertheless, an adjustment was made in the husband's favour to account for the properties received from his mother or her estate. The court also considered the wife's allegations of family violence, finding that the husband had engaged in financial control and verbal abuse. However, as there was no evidence presented regarding the impact of this behaviour on the wife's contributions, the *Kennon* argument was not made out. Ultimately, the court made final property orders for a 60/40 division in the husband's favour.