Anwari & Anwari

In *Anwari & Anwari*, Watts J of the Family Court of Australia considered a dispute between a husband and wife concerning the division of their property. The wife had lodged a caveat on a property at W Street in relation to a debt owed to her by R Anwari. The proceedings also involved the division of funds in a controlled money account, a superannuation interest of the wife, and other assets and liabilities.

The court was required to determine how the debt owed by R Anwari to the wife should be treated for the purposes of property settlement, and to make orders for the division of the parties' financial resources pursuant to section 79 of the *Family Law Act 1975* (Cth). This included determining the respective entitlements to funds in a controlled money account, a specific superannuation interest, and other assets and liabilities.

Watts J reasoned that the debt owed by R Anwari to the wife, in respect of which a caveat had been lodged, should be held on trust for the equal benefit of both R Anwari and W Anwari. The court then made orders for the division of the controlled money account, granting the husband 70 percent and the wife 30 percent of the net funds. The wife's superannuation interest was to be split, with the husband entitled to a specific calculated amount. The parties were to share equally liability for a debt to R Sand & Cement. All other property, chattels, and superannuation were to remain with the party in whose name or possession they were held, with each party indemnifying the other for associated debts. The wife was to withdraw her caveat upon joint instruction from R Anwari and W Anwari. Finally, the Registrar was appointed to execute documents if either party failed to do so within 14 days of a written request.