PORTER & DENT

In *Porter & Dent* [2011] FamCA 960, the Family Court of Australia was asked to determine the division of property between Mr Porter (the applicant husband) and Ms Dent (the respondent wife) following the breakdown of their de facto relationship. The proceedings were brought under s 90SM of the *Family Law Act 1975* (Cth), with the Court finding that the parties had resided in a de facto relationship for more than two years and satisfied the geographical requirements of s 90SK of the Act.

The primary legal issues before the Court were to ascertain the nature, extent, and value of the parties' property and liabilities, assess the contributions made by each party to the acquisition, conservation, and improvement of their assets and to the welfare of the family, and consider their comparative needs, means, and financial resources. The Court was also required to determine how any diminution in the value of certain assets since their acquisition should be shared and, ultimately, what constituted a just and equitable division of the parties' property.

Justice Fowler's reasoning involved a detailed examination of the parties' financial circumstances, including significant property acquisitions and business dealings. The Court made findings of fact regarding the commencement and breakdown of the de facto relationship, the incorporation and operation of A Pty Ltd by the wife, and the purchase and financing of various properties, including the Suburb C property, the Suburb E property, and the Town G property. The Court also considered the husband's financial contributions to A Pty Ltd and the parties' respective superannuation entitlements. The judgment ultimately determined a division of assets and liabilities, with specific orders made for the transfer of property interests, payment of sums of money, and indemnification for liabilities. The Court also ordered the sale of certain personalty, with the net proceeds to be divided in a specific proportion.