Aboud and Aboud & Anor

In the matter of *Aboud and Aboud & Anor*, Thornton J of the Family Court of Australia considered an application by the wife for property settlement orders. The dispute involved the wife's claim to surplus proceeds from the sale of a property registered in the husband's name. The second respondent, a mortgagee, had entered into terms of settlement with the wife for possession and sale of the property due to mortgage default. The husband's whereabouts were unknown, and substituted service had been effected.

The primary legal issues before the court were whether to grant the wife leave to proceed with her application on an undefended basis, and how to distribute the surplus proceeds of the property sale. The court also considered whether procedural fairness had been afforded to the first respondent husband, given his failure to appear or take any steps in the proceedings, and the absence of any proposals from him. The second respondent mortgagee, while not appearing, did not oppose the orders sought by the wife.

Thornton J reasoned that procedural fairness had been provided to the husband, as he had been served and had not put forward any counter-proposals or objections. The court granted leave for the wife to proceed on an undefended basis. The court's reasoning also encompassed the terms of settlement with the mortgagee, which facilitated the sale of the property. The court ordered that the wife be solely entitled to any surplus proceeds from the sale of the real property, with the second respondent to forward such funds to the wife in lieu of the husband. Further orders clarified the parties' entitlements to other property, superannuation, insurance policies, and liabilities, and severed any joint tenancies. Liberty was reserved for the husband to apply to vary or set aside the orders within 30 days, provided he filed an affidavit explaining his non-appearance. The court also directed the wife's solicitors to serve a sealed copy of the orders on the husband via registered mail to his parents' address.