WARNER & PELLIN

In the matter of *Warner & Pellin*, Judge Betts of the Federal Circuit Court of Australia considered property proceedings between a husband and wife. The dispute involved the division of assets and liabilities following the breakdown of the marriage, with particular focus on post-separation inheritances and insurance payments, as well as a claim for adjustment due to family violence.

The court was required to determine how to treat a post-separation inheritance received by the wife and an insurance payment received by the husband. Further, the court had to assess the contributions of each party to the marriage, acknowledging substantial contributions over a long period. A key issue was whether to grant a *Kennon* adjustment in favour of the wife, based on allegations of family violence perpetrated by the husband, which the court accepted fell within the exceptional category identified in *Kennon*.

Judge Betts reasoned that the wife should retain her full inheritance, as it was received post-separation. The court then considered the remaining matrimonial property, making a 5% adjustment in favour of the husband. This resulted in a final division of the remaining matrimonial property of 54% to the husband and 46% to the wife, aiming for a just and equitable outcome.

The orders made by the court included the disbursement of funds held in a controlled monies account, the sale and distribution of jointly owned shares, and the wife retaining her interest in an "off the plan" property. Each party was declared to have sole title to assets in their name, and they were to indemnify each other against liabilities. The orders also provided for the Registrar to execute documents if a party refused to do so.