SHELBOURNE & SHELBOURNE

In the matter of *Shelbourne & Shelbourne*, Gill J of the Family Court of Australia considered a property dispute between a husband and wife. The case involved an application for alteration of property interests pursuant to s 79 of the *Family Law Act 1975* (Cth) and a related costs issue. The catchwords indicate that the dispute concerned a short marriage, significant contributions by one party at the commencement of the relationship, contributions to the welfare of children not of the marriage, and post-separation contributions to such children.

The court was required to determine the appropriate division of property, taking into account the specific contributions and circumstances of the parties, including the impact of a short marriage and contributions to children other than those of the marriage. Additionally, the court had to consider whether to discharge a dollar-for-dollar costs order, given that the husband had ceased making payments to his lawyer after the order was made but still incurred legal costs during that period.

Gill J ordered the husband to pay the wife a sum of $191,305 within 60 days. In the event of non-payment, the husband was directed to take all necessary steps to sell the O Street property by private treaty, with detailed provisions for the appointment of agents and solicitors if the parties could not agree. Further orders stipulated a process for sale by public auction if private treaty failed, including repeated auctions at monthly intervals until the property was sold. The proceeds of sale were to be applied first to sale expenses, then to discharge a mortgage, followed by costs related to valuation or selling price determination, with the remaining balance to be paid to the wife. The court also refused to discharge the dollar-for-dollar costs order.