Spence & Spence

The case involved a review of orders made by a Judicial Registrar concerning property settlement and spousal maintenance between a husband and wife who were self-represented. The wife sought a review of the property settlement, arguing for a greater contribution due to domestic violence. The court also considered applications for spousal maintenance, the costs of valuations, and the delivery of personalty. Additionally, the wife's former solicitor sought to enforce payment of costs determined by a Certificate of Taxation.

The primary legal issues before the court were the appropriate division of property, the entitlement to spousal maintenance, and the enforcement of costs orders. Specifically, the court had to determine whether the wife's claim for an additional contribution based on domestic violence was substantiated under the principles of *Kennon v Kennon*, and whether the threshold for spousal maintenance was met. The court also had to consider the husband's application for the return of personalty and the wife's former solicitor's claim for outstanding costs.

Strickland J allowed the wife's application for review of the property settlement, assessing contributions at 55%/45% for non-superannuation assets and 70%/30% for superannuation in the husband's favour. The court found no evidence to link the domestic violence to an impact on the wife's contributions, thus declining the requested 15% adjustment. However, a 7.5% adjustment was made in favour of the wife under section 75(2) of the Family Law Act 1975 (Cth) due to various factors. The application for past spousal maintenance was dismissed, but the husband was ordered to pay spousal maintenance for two years, recognising the wife's inability to adequately support herself. The husband's application for personalty was allowed, and the wife's former solicitor's claim for costs was upheld, to be paid from monies due to the wife. The court also made orders regarding the transfer of property, payment of outstanding debts, and the distribution of funds held in trust for the parties' adult children.