Babrow and Rackley

This matter concerned orders made by Faulks DCJ in a dispute between a husband and wife. The primary dispute revolved around the division of property, including real estate, a timeshare, personal belongings, and superannuation interests.

The court was required to determine the specific distribution of proceeds from the sale of a jointly owned property in the Australian Capital Territory, as well as the sale of a jointly owned timeshare. Further issues included the division of accumulated interest on funds held on trust, the allocation of specific personal items between the parties, and the division of superannuation interests. The court also needed to address the mechanism for enforcing compliance with its orders, particularly in relation to the sale of property and the transfer of superannuation.

The court ordered the net proceeds from the sale of the ACT property to be paid to the husband and wife in specified amounts, with any accumulated interest to be divided equally. The parties were directed to sell their jointly owned timeshare, with the wife to provide authority for the husband to advertise it online and to contribute 50% of the sale costs from her share of the proceeds; the net proceeds were to be divided equally. The court also appointed a Registrar of the Family Court of Australia to execute documents or perform actions on behalf of a party who failed to comply with the sale orders within the stipulated timeframes, pursuant to section 106A(1) of the *Family Law Act 1975* (Cth). Specific personal items were to be made available by the husband for the wife's collection at her expense. Each party was declared the owner of all property in their possession or control, including their respective superannuation interests, and the husband was directed to take steps to roll over his interest in the E Superannuation Self-Managed Fund. All extant applications were discharged, except for those relating to costs, with written submissions to be filed by a specified date.