RANKIN & RANKIN

This case concerned a property settlement, spousal maintenance, and child support dispute between a husband and wife. The wife sought orders for property adjustment, payment of her legal fees, spousal maintenance, and a departure from the administrative assessment of child support. The husband had a significantly greater income earning capacity than the wife, had failed to meet previous court-ordered financial obligations, and had not made full and frank disclosure of his income.

The court was required to determine the just and equitable division of the parties' property, considering the wife's primary care of the children and her contributions to the husband's career development. It also had to consider whether to make an adjustment in favour of the wife due to the husband's failure to meet child support obligations and his superior income-earning potential. Furthermore, the court needed to address the wife's claim for her legal fees to be paid, given the husband's post-separation payment of his own legal costs while failing to meet mortgage liabilities. The court also had to assess the wife's entitlement to spousal maintenance and determine whether a departure order for child support was warranted due to the husband's understating of his income.

Johns J found it just and equitable to make a 20 per cent adjustment in favour of the wife in the property settlement, reflecting the s 75(2) factors, including the husband's failure to meet child support obligations and his greater income earning capacity. The court ordered that the proceeds of sale of various properties be applied first to the wife's legal costs, and the balance be divided with 70 per cent to the wife and 30 per cent to the husband, subject to deductions for unpaid school fees and child support arrears. A lump sum of spousal maintenance was also ordered in favour of the wife, considering the husband's greater income and previous failures to meet obligations. The court made a departure order for child support, fixing the husband's annual child support income at a significantly higher amount than he had declared, and also ordered him to pay the children's school tuition and extracurricular expenses.

The final orders provided for the division of property, including a significant portion of the husband's superannuation interest to be transferred to the wife. The husband was also ordered to provide a divorce document. The court dismissed all other extant applications.