Akbar and Mali and Anor

In the matter of *Akbar and Mali and Anor*, Foster J of the Family Court of Australia considered a dispute between an applicant wife and a first respondent husband, concerning the beneficial ownership and transfer of interests in two properties. The wife sought declarations regarding the properties, and the court was required to determine the nature of the husband's interest in one property and to make orders for the disposition of both properties between the parties.

The central legal issues before the court were whether the first respondent husband held his interest in the property at C Street, Suburb D, New South Wales, on trust for the second respondent, Mr B Mali, and what orders should be made concerning the transfer of interests in both the C Street property and the property at E Street, Suburb F, New South Wales. The court also had to consider the discharge of a mortgage encumbrance on the E Street property.

Foster J declared that the first respondent husband held his interest in the C Street property on trust for the second respondent, Mr B Mali. The court ordered the first respondent husband to transfer his interest in the C Street property to Mr B Mali within one month. Concurrently, the applicant wife was ordered to transfer her interest in the E Street property to the first respondent husband, who was also required to procure the discharge of the mortgage encumbrance on that property, thereby releasing the wife from liability. To facilitate these transfers, the Registrar of the Family Court was appointed to execute necessary documents in the wife's name. All outstanding applications and cross-applications were dismissed.