What it means
"Just and equitable" is the overarching requirement in property settlement under the Family Law Act 1975 (Cth). A court will only alter property interests if it is satisfied that doing so is just and equitable, meaning fair and appropriate in all the circumstances, rather than simply applying a 50/50 split. In assessing this, the court considers the parties' contributions and future needs, then checks that the overall outcome is just and equitable. The same approach applies to married and de facto couples. It reflects that fairness depends on each family's particular situation, not a fixed formula.
How it's used
The court decided a 60/40 division was just and equitable given the wife's greater future needs and care of the children.