ZE & HENG

In the Family Court of Australia, Rees J presided over proceedings between ZE (the husband) and HENG (the wife). The dispute concerned the division of the parties' property. Both parties alleged that the other owned property in China, but these claims were not substantiated. The wife had used substantial funds from the parties' mortgage to purchase property. The husband did not claim an interest in the wife's property but sought to retain half of the parties' Australian property and his business.

The court was required to determine how the parties' assets should be divided, particularly in light of the wife's non-disclosure of assets and financial resources. Additionally, the court had to consider the wife's application for spousal maintenance, where she sought $2,000 per month while in receipt of a Newstart allowance and having failed to disclose her assets and income. The wife also sought the sale of property in China, which the court also had to consider.

Rees J reasoned that it would be equitable for the husband to retain half of the proceeds of sale of the Australian property before the payment of the mortgage, and for the wife to retain the net balance. The court took the wife's non-disclosure into account pursuant to section 75(2) of the *Family Law Act 1975* (Cth). Regarding spousal maintenance, the wife had not established that she was unable to support herself, leading to the dismissal of her application. The wife's application for the sale of property in China was also dismissed.

Consequently, the court ordered the sale of the parties' Australian property at B Street, Suburb C, with proceeds to be distributed after costs, with one half of the balance to the husband, and specific payments related to the mortgage. The remaining balance was to be paid to the wife. The contents of the property were to be divided equally. The husband was solely entitled to his personal property, including superannuation and his interest in D Pty Ltd, while the wife was entitled to property in her sole name. The wife's applications for spousal maintenance and the sale of Chinese property were dismissed.