WOLLACOTT & WOLLACOTT

The case of *Wollacott & Wollacott* concerned applications by the wife, represented by her case guardian, for property settlement orders and spousal maintenance under the *Family Law Act 1975* (Cth). The parties had cohabited for approximately 18 years and had no children. The wife had suffered a significant injury during her employment in 1996, resulting in a 24 per cent whole person impairment and rendering her unable to work. She received modest workers’ compensation payments but had no earning capacity. The husband, who was ten years younger than the wife, possessed a substantial earning capacity but was supporting his current wife and her children.

The court was required to determine the just and equitable division of the parties' property under section 79 of the Act, considering their respective contributions and the non-financial factors relevant to their circumstances. Additionally, the court had to assess the quantum and duration of spousal maintenance payable by the husband to the wife, given her lack of earning capacity and the husband's financial position.

In its reasoning, the court found the parties' contributions to be equal. It acknowledged that an adjustment in favour of the wife was warranted due to the non-financial aspects of section 79(4), particularly her inability to work following her injury and the husband's greater earning capacity. The court ordered an adjustment of 10 per cent in the wife's favour for the property settlement. For spousal maintenance, the court ordered the husband to pay the wife $1,250 per week indefinitely, reflecting her ongoing need and his capacity to pay. The orders detailed a complex division of various assets, including properties, securities, and vehicles, with specific timelines and responsibilities for transfers and mortgage discharges.