In Hainsworth & Pardue [2024], the Federal Circuit and Family Court of Australia (Division 2) made several critical decisions regarding the division of assets, liabilities, property sale, spousal maintenance, and superannuation splitting following the dissolution of Mr. Hainsworth and Ms. Pardue's de facto relationship.
The court made several key decisions affecting property distribution, spousal maintenance, and responsibilities regarding debts and assets. Critical to its decisions was the just and equitable distribution of property under Section 90SM and orders for spousal maintenance as per Section 90SE of the Family Law Act 1975. The court prioritised equitable distribution and fair outcomes, considering the contributions of each party to the relationship's financial and familial well-being. Key orders included the equitable division of household items, requirements for Ms. Pardue to vacate their shared property, arrangements for the sale of the property, allocation of the sale proceeds to pay off existing debts and distribute the remaining funds, superannuation splitting that recognises both parties' future financial resources, and a modest spousal maintenance award to Ms. Pardue.
From the TLDR Caselaw Archive