REDDEN & PENNINGTON

In a property settlement matter before Dawe J, the parties disputed the adjustment of their property interests. A key issue was whether certain post-separation expenditures by the wife, specifically pecuniary gifts to her new partner, should be added back to the matrimonial asset pool. The court also considered the treatment of superannuation expectations, determining whether they should be accounted for as an asset of the matrimonial property.

The court was required to determine the appropriate method for adjusting the parties' property interests, including the add-back of post-separation gifts and the inclusion of superannuation. The court also had to consider the impact of the section 75(2) factors of the *Family Law Act 1975* on any proposed adjustments.

Dawe J determined that the wife's post-separation gifts to her new partner should be added back to the matrimonial asset pool. The court assessed the parties' contributions at 55% in favour of the wife, but made no further adjustment under section 75(2) factors. Regarding superannuation, the court found it was not just and equitable to bring the superannuation expectations into account as an asset of the matrimonial property. Instead, a superannuation splitting order was made to achieve a 50:50 split of the parties' superannuation accounts. The final orders detailed the transfer of property, discharge of mortgages, indemnities, and specific monetary payments, including a superannuation splitting order for a base amount of $57,205.91 from the wife's Q Superannuation Fund to the husband.