ATAPATU & HILL

This matter concerned property settlement proceedings between Ms Atapatu (the Applicant) and Mr Hill (the Respondent) before Macmillan J of the Family Court of Australia. The dispute involved the division of various real properties and financial assets between the parties.

The court was required to determine the terms of a property settlement, including the distribution of proceeds from the sale of several properties, the transfer of interests in other properties, and the allocation of liabilities and capital gains tax. The orders also addressed the occupation of a property pending settlement and the potential sale of that property if settlement was not achieved by a specified date.

The court's decision was made by consent of the parties, reflecting an agreement on how their financial matters would be resolved. The orders provided for a specific payment to the Applicant from the sale proceeds of two properties, the transfer of the Applicant's interest in a third property to the Respondent, and the Respondent's refinancing of a mortgage on that property. The parties were to sell a property in Country D and apply the proceeds in a specified manner, and the proceeds from another property were to be deposited into the Applicant's lawyers' trust account. The parties were to bear capital gains tax as assessed by the Australian Taxation Office.

The orders stipulated that the Applicant would retain her interest in a property in Country L, and the Respondent would relinquish any claim to it. Conversely, the Respondent would retain his interest in a property in Suburb N, with the Applicant relinquishing any claim. The orders also included general provisions for the division of remaining property, liabilities, and superannuation, and stipulated that all extant applications be dismissed. Liberty was reserved for the Applicant husband to apply after the standard application period for orders pursuant to s 90SM of the Family Law Act 1975.