Zammit and Zammit & Anor

In the matter of *Zammit and Zammit & Anor*, Hartnett J of the Family Court of Australia considered applications by a husband and wife for alteration of property interests. The parties had cohabited for approximately 10 years, with short periods of separation during their marriage, and had two children. The wife, as the Second Respondent, also sought property orders based on equitable claims, asserting the husband had breached trust and fiduciary duties by utilising monies held on trust for her benefit and monies in her account under a power of attorney. The court was required to determine whether certain monies were gifts from the husband's father and the wife, and to assess the parties' contributions and the appropriate division of their property interests.

The court found that the evidence did not establish a trust in relation to the monies in question. It proceeded to assess the parties' contributions, noting the husband's greater initial contributions and the wife's contributions as homemaker and parent, particularly as the primary carer of the children. The court considered the husband's transfer of his interest in one property to the wife and his divestment of funds prior to the final separation.

Ultimately, the court made orders for the division of property. These included the transfer of the husband's interest in the "2 E Street property" and the "1 E Street property" to the wife, and the wife's interest in the "G Street property" to the husband, with a balancing payment to be made. In the alternative, the G Street property could be sold, with proceeds distributed to achieve an overall 42% division for the wife and 58% for the husband. The husband retained his interest in a property in Country K and several vehicles, along with a business. The parties were to retain their respective superannuation entitlements and other personal property, with the husband indemnifying the wife for liabilities related to his business.