Yavuz and Yavuz & Anor (No 2)

The Family Court of Australia heard an application by the wife for property settlement orders pursuant to s 79 of the *Family Law Act 1975* (Cth). The husband's brother, Dr Yavuz, also sought orders pursuant to ss 78, 90AD(1), and 90AE(1) of the Act, claiming a debt of $2,000,000 from the husband and wife, and seeking to be held liable for this amount. The wife had also made allegations of domestic violence against the husband.

The court was required to determine whether it was just and equitable to alter the parties' property interests and rights, considering the claims made by Dr Yavuz and the wife's allegations. Additionally, the court needed to address the husband's failure to make full and frank disclosure of his financial affairs and the estrangement of the parties' three children from the wife, with the husband holding sole parental responsibility.

In its reasoning, the court considered the principles established in *Stanford v Stanford* [2012] HCA 52 regarding the just and equitable alteration of property interests. The court ultimately dismissed the application by Dr Yavuz. The court found it just and equitable under s 79(2) of the Act to alter the parties' interests in property, ordering that the husband and wife share the property and superannuation equally.

The final orders directed the husband to pay the wife the sum of $1,506,723 within 60 days. Pending this payment, the husband and Dr Yavuz were restrained from dealing with specified real properties, except in the ordinary course of business, and were required to continue meeting loan repayments and outgoings. Further orders provided for the sale of properties if the payment was not made by a specified date, with proceeds to be applied in a particular order of priority. The court also made orders regarding costs and the commencement of the operation of the orders.