RIVALLI & RIVALLI

In the matter of *Rivalli & Rivalli*, Foster J of the Family Court of Australia considered an undefended final hearing concerning property settlement between a husband and wife. The husband had failed to file required documents for the trial and had not made full and frank disclosure of assets. The dispute also involved property located in the Middle East, in respect of which orders had previously been made between the parties, and which was to be included in the matrimonial asset pool.

The court was required to determine how to divide the parties' property, including the Middle Eastern assets, given the husband's non-disclosure and failure to comply with court directions. Specifically, the court needed to address the impact of the husband's withdrawal of funds from a joint bank account post-separation and to make appropriate orders for the disposition of the former family home. The court also had to consider the husband's repeated failures to attend court and to file documents, and whether the matter could proceed on an undefended basis.

Foster J found the parties' contributions to the property to be equal. However, the husband's failure to disclose warranted a small adjustment in favour of the wife. To facilitate this adjustment, the court ordered that the wife retain the former family home. The husband was ordered to vacate the property within 28 days and was restrained from approaching or entering it thereafter. The wife was to have sole use and occupation of the home from that date, and was responsible for rates, mortgage payments, and insurance until the husband vacated. Within three months, the wife was to pay the husband $41,330.00, in consideration of which the husband was to transfer his interest in the home to the wife and facilitate the discharge of the mortgage. The wife was also to refinance the mortgage to release the husband from liability. In default of the wife making this payment, the home was to be sold, with the net proceeds divided 52.5% to the wife and 47.5% to the husband, reflecting the overall asset pool division.