SELBY & ROBILLIARD

In this matter before Cronin J, the parties were engaged in proceedings concerning property settlement and child support. The primary dispute revolved around the valuation and division of the parties' assets, particularly their business interests, which constituted the majority of the matrimonial pool. The court was also required to consider an application for a departure from the child support assessment.

The legal issues before the court included how to assess the relevance of an initial financial contribution made by one of the parties, especially when the majority of the assets were business interests valued on a net asset backing basis. Furthermore, the court had to determine whether it was just and equitable to make a departure order in relation to child support.

The court's reasoning addressed the complexities of valuing business interests and the appropriate weight to be given to initial contributions within the broader context of the parties' contributions and future needs. Regarding child support, the court considered the specific circumstances to ascertain if the standard assessment would be unjust or inequitable. The orders made by the court provided for the sale of a property, the distribution of its proceeds, a payment to the wife, and a division of interests in a self-managed superannuation fund. The court also made provisions for the enforcement of these orders and for the trustee of the superannuation fund to apply to set aside relevant orders if natural justice was denied.