SOH & DUAN

This case involved a property settlement dispute between Ms Duan (the wife) and Mr Soh (the husband) in the Family Court of Australia. The parties had been married for approximately 26 years and had two children. While they had resolved matters concerning their daughter, they were unable to reach an agreement regarding the division of their assets.

The primary legal issue before the court was to determine a just and equitable property settlement under section 79 of the *Family Law Act 1975* (Cth). This required the court to consider the parties' contributions, both financial and non-financial, to the marriage and the assets, as well as their future needs and circumstances under section 75(2) of the Act. The court was also required to address the division of various assets, including properties located in Shanghai, China, a property in Suburb D, a motor vehicle, and superannuation interests.

The court found that both parties had made significant contributions throughout the marriage, but the husband's financial and non-financial contributions exceeded those of the wife. Specifically, the balance of contributions to the main pool of assets was determined to be 55 per cent in favour of the husband and 45 per cent in favour of the wife. No further adjustment was deemed necessary based on contributions under paragraphs s 79(4)(d) to (g) of the Act. The court then made detailed orders regarding the division of specific assets, including declaring the wife as the sole owner of Property A in Shanghai and the husband as the sole owner of Property B in Shanghai. The property in Suburb D was to be sold, with proceeds divided according to specific percentages, and provisions were made for sale by private treaty or auction. The court also made orders concerning the husband's superannuation fund, a motor vehicle, and chattels, and generally ordered that each party retain other property in their possession and be solely liable for associated liabilities.