Sanderson & Sanderson

In the matter of *Sanderson & Sanderson*, heard by McClelland DCJ, the parties, Mr Sanderson (the husband) and Ms Sanderson (the wife), sought final property orders to adjust the marital property pool. The dispute was significantly complicated by the husband's failure to comply with his disclosure obligations and his lack of meaningful engagement in the proceedings.

The court was required to determine the appropriate adjustment of the parties' property interests, considering their respective contributions and other relevant factors under sections 79(4) and 75(2) of the *Family Law Act 1975* (Cth). Key issues included assessing the equality of contributions, determining entitlement to adjustments based on greater initial and post-separation contributions, and considering the impact of the husband's non-disclosure and the wife's role as the sole carer and financial supporter of the parties' child.

McClelland DCJ found that the contributions made by the parties during the relationship were equal. However, the wife was entitled to a 15 percent adjustment in her favour due to greater initial and post-separation contributions. Furthermore, a further 35 percent adjustment was awarded to the wife on the basis of section 75(2) factors, specifically citing the husband's inadequate disclosure and the wife's sole responsibility for the parties' child. Applying these considerations holistically, the court determined that it was just and equitable for the entirety of the identifiable marital asset pool to be distributed in favour of the wife.

Consequently, the court ordered the entirety of the funds held in the controlled monies accounts to be distributed to the wife, and the historic motor vehicle registered in the husband's sole name to be transferred to her. The parties were otherwise ordered to retain property and superannuation in their possession and to be responsible for liabilities in their respective names.