SHELTON & YONG

In the matter of *Shelton & Yong*, heard by Judge Morley, the dispute concerned the division of property between the Husband and Wife. The Wife did not appear at the defended hearing, despite having been legally represented for most of the proceedings. Attempts had been made to serve material on the Wife, but she failed to attend the undefended hearing.

The court was required to determine how to divide the parties' property in circumstances where there was a lack of financial disclosure by the Wife. Specifically, the court had to consider sums of money retained by the Wife to the exclusion of the Husband, the sources of which were in doubt. These sums were treated as "add backs" and were to be dealt with under section 75(2)(o) of the *Family Law Act 1975* (Cth). The court also had to consider whether it was just and equitable to proceed with the division of property on an undefended basis.

Judge Morley reasoned that it was just and equitable to proceed with the hearing on an undefended basis against the Wife. The court applied principles relating to the division of property, including the consideration of "add backs" where there has been non-disclosure or dissipation of assets. The court found that the Wife had retained sums of money, the origins of which were unclear, and these were to be accounted for in the property division.

The court ordered that funds held in trust be paid out, with the majority of the accrued interest and a significant portion of the principal sum to the Husband. The Wife was ordered to pay the Husband's costs from previous orders. The remaining funds were to be paid to the Wife. The court declared the Husband and Wife to be the sole owners of their respective property. Provisions were made for the execution of documents by the Registrars in the event of non-compliance, and a time limit was set for the Wife to apply to set aside the orders.