On a pension with the children, he was awarded 80% outside super

Ms and Mr Shahnaz married in 2006 and later moved to Australia, where he worked as a professional and she worked part time and cared for their two children. In 2015 he injured his shoulder at work, and by late 2017 he had stopped working altogether. In 2020 he received a compensation payment of $363,936. They separated in about January 2022, and the children, now 16 and 11, have lived with their father ever since.

By the 2025 trial most of the money had gone on living costs. The house had been sold, leaving about $117,000 in trust, plus some savings, a small insurance policy and modest super. He had also sent $47,550 overseas and said he had given it away. Judge Dorrat did not accept that: with no receipts or bank statements, the judge found the money was more likely still under his control and counted it in the pool. She asked for 65% of the property outside super; he asked for 80%.

On contributions, the judge weighed her extra load at home while he was unwell against his compensation payment, which had paid the family's day-to-day expenses, and his care of the children since separation. The result was 65% to him. The judge then looked at their futures. He lives on a disability support pension and must house the children; she works full time, earns about $78,000 a year, and has remarried. A further 15% was added, making 80% to him.

The 80% applied only to the property outside super. Each kept their own super, because she can keep building hers for years and he cannot. As he already held the overseas money and the insurance policy, he was to receive $84,450 of the sale proceeds held in trust, and she the balance. The judge noted that even this was unlikely to let him buy a home.