Zabarac and Zabarac & Anor

In the matter of *Zabarac and Zabarac & Anor*, Stevenson J of the Family Court of Australia considered an application by the wife for property settlement orders pursuant to section 79 of the *Family Law Act 1975* (Cth) and for spouse maintenance. The dispute concerned the division of the parties' assets and the wife's ability to support herself.

The court was required to determine whether it was just and equitable to alter the parties' property interests and rights, and to consider the relevant factors under sections 79 and 75(2) of the Act. Additionally, the court had to assess whether the wife had established that she was unable to support herself adequately, as required by section 72 of the Act, to justify an order for spouse maintenance.

Stevenson J found that the parties' contributions to the marriage were equal as at the date of trial. Applying the principles from *Stanford v Stanford* [2012] HCA 52, the court determined that an adjustment of 15 per cent in the wife's favour was appropriate under section 75(2) of the Act. Furthermore, the court found that the wife was temporarily unable to support herself adequately for the purposes of section 72, and consequently made an order for spouse maintenance pending the full implementation of the property settlement orders. The court made detailed orders for the sale of various properties, the distribution of proceeds, a lump sum payment to the wife, the transfer of company interests, and the splitting of superannuation funds, alongside the spouse maintenance order.