Agresti & Agresti

In the matter of *Agresti & Agresti*, heard before Burchardt J, the applicant wife and respondent husband sought orders concerning their property and financial affairs. The dispute involved the division of superannuation and other property, the allocation of liabilities, and the severance of joint tenancies.

The court was required to determine how the parties' respective superannuation interests and other property, including choses-in-action, should be divided. Further, the court needed to address the ownership of insurance policies, the allocation of liabilities associated with the property, and the severance of any joint tenancies. The court also considered the husband's financial contributions, including a $15,000 advance for legal fees and a $24,000 withdrawal applied to a motor vehicle for the wife.

Burchardt J reasoned that each party should be solely entitled to the superannuation and other property in their possession or ownership as at the date of the orders, with specific provisions for furniture, personal possessions, and chattels. Insurance policies were to remain the property of the named owner or beneficiary. Each party was to be solely liable for and indemnify the other against any liabilities encumbering property they received under the orders. Any joint tenancies were expressly severed. The court accepted the wife's evidence regarding her living arrangements and noted her intention to continue working past the age of 60.

The court ordered that, unless otherwise specified and save for the enforcement of monies due, each party was to be solely entitled to their respective superannuation and other property, with insurance policies remaining with their owners. Each party was to be solely liable for liabilities encumbering their allocated property, and all joint tenancies were severed. All extant applications were otherwise dismissed.