STEFANOVSKI & STEFANOVSKI

The case of *Stefanoski & Stefanoski* concerned an application by the Husband for property orders and lump sum spousal maintenance, and by the Wife for spousal maintenance. The dispute involved claims by the Husband regarding an alleged imbalance in initial capital contributions, though his evidence was uncorroborated. The Wife’s serious illness and incapacity were identified as a significant factor under section 75(2)(o) of the *Family Law Act 1975*. The court also considered the relevance of the use made of initial capital, a business lease, and the fact that a small pool of assets did not reflect certain potential claims.

The legal issues before the court included the assessment of contributions, particularly where the Husband's parents made significant contributions. The court also had to determine the appropriateness of periodic versus lump sum spousal maintenance, given the Wife's circumstances. Claims for substantial "add backs" of notional property by the Husband were not pursued due to a lack of disclosure and evidence. A potential claim by the Husband as a co-surety of a business debt was also considered, but the chose in action was deemed incapable of valuation.

Kent J reasoned that a periodic spousal maintenance order was more appropriate than a lump sum, taking into account the section 75(2) factors, including the Wife's serious illness and incapacity. The court assessed the contributions of both parties and the Husband's parents. The final orders provided for the division of various assets, including bank accounts, superannuation interests, and company shares. The Husband was ordered to relinquish remaining sale proceeds of a property to the Wife. The Wife was to retain certain assets, and the Husband was to retain others. Crucially, the Wife was to transfer and relinquish her rights in several trusts and companies to the Husband, who was to indemnify her against any liabilities arising from these entities. The Husband was also ordered to pay periodic spousal maintenance to the Wife.