SHIVAS & CHALA

In the matter of SHIVAS & CHALA, Judge C. E. Kirton QC of the Family Court of Australia considered an undefended property settlement application brought by the Applicant (Wife) against the Respondent (Husband), who did not participate in the proceedings. The dispute concerned the division of various assets, including real estate and superannuation entitlements, following the breakdown of the marriage.

The court was required to determine the appropriate weight to be given to the contributions of each party to the marriage and the acquisition, conservation, and improvement of their respective properties. Furthermore, the court had to decide whether any adjustment to the property interests was warranted in favour of either the Wife or the Husband, and to make consequential orders for the transfer of property and the retention of superannuation.

Applying principles of family law concerning property division, the court reasoned that a significant adjustment was necessary in favour of the Wife, particularly in light of the Husband's non-participation and the nature of the contributions. The court ordered the Husband to transfer his interest in the property at A Street, Suburb B, Victoria, to the Wife. The Husband was also required to transfer his interest in the property at G Street, Suburb H, Victoria, to the Wife, with provisions for the Wife to refinance or sell the property if necessary, with sale proceeds distributed according to a specified order. The Wife was to receive the net sale proceeds from the property at C Street, Suburb D, Victoria. The Husband was to retain his interests in properties in India and vacant lots in City L, as well as a business known as ‘Business M’. Crucially, each party was ordered to retain their own superannuation entitlements, with no further claims to be made on the other's superannuation. The court also made orders appointing the Registrar as a trustee in certain circumstances and provided for the payment of costs in the event of default.