Summitt & Summitt and Ors

In the matter of *Summitt & Summitt and Ors*, Murphy J of the Family Court of Australia considered an application for property settlement under section 79 of the *Family Law Act 1975* (Cth). The dispute involved the husband and wife, and second respondents who sought declarations regarding certain properties and partnership capital.

The primary legal issues before the court were whether certain properties, collectively known as "[N property]", should be declared the property of the partnership "[Summitt and Co]" for the purposes of property settlement, and whether a constructive trust should be imposed on a property known as "[P property]" in favour of the second respondents. The court also had to determine the extent of capital expended by the partnership on "[P property]" and capital contributed to the partnership by the second respondents.

Murphy J reasoned that for the purposes of section 79 of the *Family Law Act 1975*, the properties known as "[N property]" were to be declared the property of the partnership "[Summitt and Co]". The court dismissed the applications by the second respondents for the imposition of a constructive trust over "[P property]" and for declarations concerning capital expended by the partnership on "[P property]" and capital contributed by the second respondents to the partnership. The court ordered that the property of the parties or either of them, within the meaning of section 79, be distributed in the proportion of 57.5% to the husband and 42.5% to the wife. The parties were further ordered to file agreed minutes of order within 42 days to give effect to these orders and the reasons for judgment.