Skourta & Skourta & Ors

In this matter before Berman J, the parties were the husband and wife, and the second and third respondents were the husband's parents. The dispute concerned the property settlement between the husband and wife, with a particular focus on the matrimonial home. The central question was whether the matrimonial home, occupied by the husband and wife for 24 years and improved by them, constituted a gift of the whole property or merely a gift of occupation from the husband's parents, and if it represented a third-party contribution made for the husband.

The court was required to determine the extent of the parties' property interests, specifically in relation to the matrimonial home, and to make adjustments pursuant to section 79 of the *Family Law Act 1975* (Cth). The court also considered the principles established in *Stanford v Stanford* (2012) 2247 CLR 108 regarding property adjustments in family law proceedings.

Berman J declared that the second and third respondents held an interest in the matrimonial home for the husband and wife, quantified at $300,000. The court further ordered that the husband's chose in action against his parents be assigned to the wife. In full and final settlement, the second and third respondents were ordered to pay $206,381 to the wife's solicitors. The wife was to indemnify the husband regarding a personal loan and her credit card liability, and each party was to retain their respective superannuation, jewellery, motor vehicles, and personal effects. The wife was to transfer her interest in a motor vehicle to the husband, with provisions for its sale if he defaulted on a related loan. Should the settlement sum not be paid, the matrimonial home was to be placed on the market for sale, with proceeds to be applied first to outstanding property charges and sale costs, then to the wife for the settlement sum, and any balance to the second and third respondents.