Westlake and Trask (No 2)

In this matter before the Family Court of Australia, Ms Westlake (the wife) sought property settlement orders against Mr Trask (the husband) pursuant to s 79 of the Family Law Act 1975 (Cth). The wife also sought orders for child support departure and spousal maintenance. The parties were married in 1998 and separated on 20 February 2009, with four children of the relationship.

The court was required to determine whether it was just and equitable to alter the parties' property interests and rights, considering the factors outlined in s 79 and s 75(2) of the Family Law Act 1975 (Cth). Additionally, the court had to assess the wife's claims for spousal maintenance and child support departure.

The court found that the financial and non-financial contributions of both parties up to the time of separation and post-separation were assessed as equal. Applying the principles from *Stanford v Stanford* [2012] HCA 52, the court determined that an adjustment of 10 per cent in the wife's favour was appropriate under s 75(2) of the Act. Regarding the wife's other applications, the court found that the evidence did not establish that she would be unable to adequately support herself once the property settlement orders were complied with, and therefore dismissed the spousal maintenance application. The child support departure orders sought by the wife were not pressed and were also dismissed.

The final orders included provisions for the sale of the F property (Victoria) and the LL property (United Kingdom), with the proceeds to be applied to various debts and expenses, and the balance to be divided with the wife receiving 87.5 per cent and the husband 12.5 per cent. The husband was ordered to transfer his interest in the M property (New South Wales) to the wife. The parties were to retain their respective motor vehicles and other specified assets and liabilities, with the wife indemnifying the husband in relation to a loan from her parents. Other applications and cross-applications were dismissed.