Spencer and Zaber (No. 2)

In the matter of *Spencer and Zaber (No. 2)*, Judge Altobelli of the Family Court of Australia considered an application for the alteration of property interests between the parties. The dispute involved the constitution of the asset pool, the consequences of a premature distribution of assets, and the assessment of contributions and relevant factors under section 75(2) of the *Family Law Act 1975* (Cth) to achieve a just and equitable outcome.

The court was required to determine how to account for a premature distribution of assets, particularly in circumstances where the husband agreed to an "add-back" to the asset pool, despite lingering doubts about its precise quantification. Further, the court had to assess the parties' respective contributions and consider the various factors outlined in section 75(2) of the Act to ensure the final property settlement was just and equitable.

Judge Altobelli reasoned that the assessment of contributions and section 75(2) factors were crucial in determining the appropriate division of the remaining property. The court's approach involved carefully considering the evidence presented regarding the asset pool, including the impact of the premature distribution and the agreed add-back. The final orders reflect the court's determination of the parties' respective entitlements and obligations, aiming for a fair and equitable resolution of their financial affairs. The orders provided for a payment from the wife to the husband, the transfer of a property to the wife, and the transfer of a motor vehicle to the wife, with specific provisions for occupation, mortgage discharge, and default scenarios. Each party was also to retain their existing chattels, monies, shares, debentures, and superannuation, and be solely liable for their respective debts.