Balzia and Covich

In the matter of *Balzia and Covich*, Collier J of the Family Court of Australia was required to determine the financial and property settlement between the husband, Mr Covich, and the wife, Ms Balzia. The dispute concerned the division of assets and liabilities, including the matrimonial home and other property, as well as ongoing spousal maintenance.

The court was tasked with making orders regarding the payment of a lump sum from the husband to the wife, the continuation of weekly payments by the husband to the wife until that lump sum was paid, and the wife's vacation of the matrimonial premises upon receipt of the lump sum. Further, the court needed to determine the entitlement of each party to remaining real estate, personal property, and financial assets, and to address outstanding applications and the potential for costs applications by both parties.

Collier J ordered that the husband pay the wife the sum of $200,750 within one month, and continue weekly payments of $250 until this lump sum was paid. The wife was ordered to vacate the matrimonial premises within seven days of receiving the lump sum. Subject to these orders, each party was to retain sole entitlement to all property and assets in their possession. The court also dismissed all outstanding applications and cross-applications, removed the matter from the Active Pending Cases List, and granted liberty to either party to restore the matter to the list for non-compliance or further directions. Leave was granted for both parties to make costs applications, with specific directions for the exchange of details and a subsequent hearing. The court also noted a potential need for the husband's solicitor to give evidence regarding a costs agreement and directed the wife's legal representative to notify the husband's solicitor if cross-examination of the husband's solicitor would be required.