TAMARIS & TAMARIS

In *Tamaris & Tamaris*, the Family Court of Australia considered a dispute concerning the division of assets following a 31-year marriage. The husband, Mr. Tamaris, had made substantial initial contributions to the acquisition of assets.

The primary legal issues before the court were whether the husband's substantial initial contributions warranted special treatment in the division of matrimonial property, and the extent to which express, implied, or resulting trusts could be inferred from the parties' conduct in relation to certain assets.

Wilson J found that the husband's significant initial contributions were a crucial factor that required special consideration in the property settlement. The court analysed the evidence to determine if the parties' conduct gave rise to any trusts over specific assets, ultimately concluding that the circumstances did not support the inference of express, implied, or resulting trusts in a manner that would alter the equitable distribution of the matrimonial pool. The court emphasised the importance of considering all relevant factors under section 79 of the *Family Law Act 1975* (Cth) when determining a just and equitable division.

The court made orders for the division of the matrimonial assets, taking into account the husband's initial contributions and other relevant factors.