Balken & Vyner (No. 2)

In the matter of *Balken & Vyner (No. 2)*, heard before Macmillan J of the Family Court of Australia, the dispute concerned the final division of property and costs following earlier reasons for judgment. The parties were unable to agree on the form of orders, necessitating submissions to the Court.

The primary legal issues before the Court were the specific terms of the property settlement orders, including the payment structure for a significant sum to be paid by the husband to the wife, the valuation and division of certain assets such as the YY Ltd property and chattels, and the transfer of motor vehicles. Additionally, the Court was required to determine the wife's liability for the husband's costs in relation to a slip rule amendment, specifically whether those costs should be awarded on an indemnity basis.

Macmillan J made detailed orders for the division of property, including the payment of $5,189,510 by the husband to the wife through a series of payments, the valuation and division of the YY Ltd property and chattels, and the transfer of specific motor vehicles. The Court also ordered the discharge of previous interim orders upon the husband making a second payment. Regarding costs, the Court found that the circumstances did not warrant indemnity costs for the slip rule amendment, and therefore ordered the wife to pay the husband's costs on a party/party basis, later fixed at $12,342.56. The orders were intended to finalise the parties' financial relationship.