SELWOOD & SELWOOD

In the matter of *Selwood & Selwood*, Dawe J of the Supreme Court of Victoria considered a dispute concerning the interpretation of a deed of settlement and its implications for the division of property between former spouses. The central issue revolved around whether certain assets, specifically shares in a company, were to be included in the pool of assets to be divided under the terms of the settlement deed.

The court was required to determine the proper construction of clause 3 of the deed of settlement, which stipulated the division of assets. Specifically, the court had to ascertain whether the shares in Selwood Pty Ltd, held by one of the parties, fell within the definition of "property" as contemplated by the deed, or if they were excluded by virtue of other provisions or the overall context of the agreement.

Dawe J applied principles of contractual interpretation, focusing on the ordinary meaning of the words used in the deed, read in their context and against the background of the surrounding circumstances known to the parties at the time of execution. His Honour considered the intention of the parties as expressed in the deed, examining the specific wording of clause 3 and its relationship with other clauses. Ultimately, Dawe J found that the shares were indeed included within the property to be divided under the settlement deed.