Allan and Allan (No. 2)

In *Allan and Allan (No. 2)*, Young J of the Family Court of Australia made orders by consent concerning the property and financial arrangements between the Husband and Wife. The dispute centred on the division of assets and the provision of maintenance.

The court was required to determine the terms of the financial settlement between the parties, including the payment of a lump sum and ongoing annual payments from the Husband to the Wife, the allocation of specific real property as security for these payments, and the distribution of other assets and liabilities. The orders also addressed the transfer of motor vehicles and the finalisation of superannuation entitlements.

The court's reasoning, as reflected in the consent orders, involved a structured approach to asset division and maintenance. A significant portion of the annual payments and property value was explicitly attributed to maintenance for the Wife under section 77A of the *Family Law Act 1975*. The orders established a clear payment schedule for a lump sum and annual capital sums, with provisions for CPI adjustment. Crucially, the orders stipulated that in the event of non-payment, specific real properties would be transferred to the Wife on trust for sale, with proceeds applied first to sale costs, then to discharge encumbrances, followed by the outstanding payment with interest, and any balance to the Husband. Each party was otherwise to retain their existing property and be solely liable for associated liabilities. The Wife's prior applications were dismissed, and the parties' intention was for these orders to finally determine their financial relationship.