ZOLLER & CORNWELL

This matter concerned property proceedings between a husband and wife who had been in a relationship for eighteen years and had four children. The children resided with the husband due to default orders. The wife had not participated in the property proceedings. The husband alleged the wife had a methamphetamine addiction and had recently been retrenched. The primary asset was the former family home, which was subject to a mortgage. The husband sought to retain the home for himself and the children, but had no borrowing capacity due to his retrenchment.

The court was required to determine how to divide the parties' property, considering the lengthy relationship, the conceded equal contributions of the parties, and the prospective needs of the husband and children. The court also had to consider the wife's absence from the proceedings and the husband's allegations regarding her addiction. The overarching considerations were those of justice and equity in the division of assets.

Judge Brown reasoned that despite the wife's absence and the husband's allegations, the contributions during the eighteen-year relationship were equal. The court prioritised the need for the husband to retain the family home to provide stable accommodation for himself and the children, acknowledging his current inability to borrow. The court ordered that the husband retain the property, subject to a charge of $45,000 in favour of the wife, payable upon the earliest of the property's sale, a specific future date, or the husband refinancing the existing mortgage. If the husband failed to pay this sum, the property was to be sold, with proceeds applied first to sale costs, then the mortgage, and the remainder split 70% to the husband and 30% to the wife. Additionally, the husband was ordered to transfer $31,100 from his superannuation fund to the wife. The court also made orders regarding the division of other assets and liabilities, and provided the wife with an opportunity to apply to set aside the judgment within twenty-eight days of service.