Whinton & Whinton

The Family Court of Australia considered a property settlement dispute between Ms Whinton (the wife) and Mr L Whinton (the husband). The proceedings also involved their adult sons, Mr R Whinton and Mr T Whinton, as parties. The marriage had lasted approximately 30 years, during which the parties raised two adult children and engaged in business as real estate investors and developers. The financial affairs were complex, involving numerous companies, bank accounts, and properties.

The court was required to determine a just and equitable property settlement under section 79 of the *Family Law Act 1975* (Cth). Key issues included assessing the parties' contributions, considering the husband's limited earning capacity due to age and a past serious motor vehicle accident, and addressing unexplained borrowings by the husband. The court also needed to make orders regarding the division of various assets and liabilities, including properties, company shares, bank accounts, and loans to their sons.

The court found that the parties' contributions of income and effort during the marriage were equal. It acknowledged the husband's reduced capacity to earn income. The court also noted that the husband had borrowed funds without providing a satisfactory explanation for their expenditure, and determined that an adjustment in favour of the wife was appropriate to account for this. A modest adjustment was made in favour of the wife under section 75(2) of the Act.

The court made detailed orders for the division of property and liabilities. These included declarations of sole ownership of various companies and properties, transfers of interests in properties and financial accounts, and the assignment of liabilities. The husband was ordered to pay a sum of money to the wife and to discharge certain mortgages. Provisions were also made for the sale of specific properties, with proceeds to be divided or applied as ordered. The orders were to commence operation on 8 April 2014, with provisions for enforcement by a Registrar if a party failed to comply.