Basra and Ahmed and Anor

This matter concerned an application for divorce and property settlement between a husband and wife. The court was required to determine whether the jurisdictional requirements for a divorce order were met, including domicile, ordinary residence, and the irretrievable breakdown of the marriage evidenced by separation for over 12 months. Additionally, the court was tasked with making orders under section 79 of the *Family Law Act 1975* (Cth) regarding the division of property and the resolution of financial matters between the parties.

Watts J found that the wife was domiciled and ordinarily resident in Australia for the requisite period, and that the parties had separated no later than 11 August 2012, establishing the necessary 12-month separation period for an irretrievable breakdown of the marriage. Consequently, a divorce order was made. In relation to property settlement, the court ordered that the husband pay a sum of $690,425 to the wife. Contemporaneously, the wife was to transfer her interest in the property at G Street, Suburb H to the husband. The orders also stipulated a mechanism for the sale of the G Street property should the husband fail to make the payment, including provisions for agreeing on a sale price and appointing agents and lawyers. The net proceeds of any sale were to be divided according to a specified formula, after accounting for sale costs and the husband's land tax debt. The husband was also ordered to indemnify the wife against certain listed debts, and each party was to retain other assets and superannuation in their respective names, with mutual indemnities for associated debts. The court also made provisions for the Registrar to execute documents if a party failed to do so, and reserved liberty to apply regarding the implementation of the orders.