Allsop and Allsop

This matter concerned an application by the Wife for alteration of property interests pursuant to s 79 of the *Family Law Act 1975* (Cth) following the breakdown of the parties' marital relationship. The court was required to determine the terms of property division and the consequential orders necessary to address the injustice arising from the relationship's dissolution.

The court was tasked with determining how the parties' various properties, including Property A, Property B, and Property C, should be divided. This involved deciding the exclusive occupation of Property A, the sale of Property B and the disbursement of its proceeds, the transfer of Property A to the Wife, and the Wife's retention of Property C. Furthermore, the court needed to address the division of personal property, bank accounts, and superannuation entitlements, and to make orders that would finally determine all financial relations between the parties.

The court made orders by consent, reflecting a Terms of Settlement executed by the parties. These orders provided for the Husband to vacate Property A, granting the Wife exclusive occupation. The Wife was ordered to market and sell Property B, with proceeds to be applied first to discharge any mortgage, then to costs of sale, and finally to distribute a specified sum to the Husband, with the balance to the Wife. Simultaneously, Property A was to be transferred to the Wife's sole name, at her cost. The Wife was to retain Property C and indemnify the Husband in relation to all liabilities associated with it. Each party was to retain their respective personal property, bank accounts, and superannuation funds. The court also appointed the Registrar as an executing officer in the event of non-compliance and noted the parties' intention for these orders to finally determine all financial matters. Specific orders were made regarding the division of chattels between the parties, with a further note that possessions belonging to the children or grandchildren would remain their property.