WELCH & ABNEY

This matter concerned property settlement proceedings between a husband and wife, heard by Cleary J. The dispute involved the division of various assets, including real estate, vehicles, and interests in a family trust. The parties presented differing valuations for some assets, and the court was required to determine the just and equitable distribution of their property interests.

The court was required to determine the existing legal and equitable interests of the parties in their property. It then had to consider whether, in light of these interests and the specific circumstances of the case, it was just and equitable to make an alteration to those interests. If an alteration was deemed necessary, the court was obliged to consider the factors outlined in sections 79(4) (contributions) and 75(2) (future needs) of the *Family Law Act 1975* (Cth) when determining the appropriate adjustment. Finally, the court had to analyse whether the proposed adjustment was itself just and equitable.

Cleary J applied the four-step process mandated by the High Court in *Stanford & Stanford* (2012) 247 CLR 108. This involved identifying existing interests, assessing the justness and equitableness of any alteration, considering statutory factors for adjustment, and finally re-evaluating the overall justness and equitableness of the proposed outcome. The court addressed disputed valuations of assets, including an apartment in Country H and vehicles owned by the husband, accepting revised figures where concessions were made or where documentary evidence was unclear. The court also ordered the husband to resign as trustee and relinquish any beneficial entitlements or beneficiary status in the Ms Welch Family Trust.

The court made orders for the payment of a sum of money by the husband to the wife, the retention of specific properties by each party to their exclusion, and the husband's removal from the Ms Welch Family Trust. The orders also stipulated that each party would retain property in their possession and forgo claims to the other's superannuation, with provision for a Registrar to execute documents if a party refused to do so.