TETHYS & TETHYS

In the matter of Tethys & Tethys, Rees J considered a property settlement dispute between a husband and wife. The husband sought an adjustment in his favour to account for an inheritance he received during their 38-year marriage. The wife, in turn, raised issues concerning the husband's failure to disclose an interest in a property located in South East Europe until the first day of the hearing, and his lack of production of any documents relating to that property.

The court was required to determine how the husband's inheritance should be assessed as a contribution, particularly in light of the parties' extensive contributions over their long marriage, their hard work, and the fact that they themselves had contributed to the testator's property. Additionally, the court had to address the consequences of the husband's non-disclosure of the overseas property and the lack of supporting documentation.

Rees J reasoned that the assessment of the inheritance contribution must be balanced against the parties' overall contributions during their 38-year marriage and their hard work. The court also took into account the parties' contributions to the testator's property. Regarding the non-disclosure, the court indicated it would err on the side of generosity towards the innocent party, the wife.

The orders made by the court included a payment of $24,235 from the husband to the wife, the transfer of a work vehicle licence to the wife, and a division of the husband's superannuation interest in the MasterKey Superannuation Fund, with a base amount of $255,403 allocated to the wife. The husband was also restrained from dealing with his superannuation interest in a way that would defeat the wife's entitlement. The court also ordered the transfer of a motor vehicle to the wife and provided for the Registrar to execute documents if a party failed to comply.