Bault & Bault (No 2)

In the matter of Bault & Bault (No 2), Foster J of the Family Court of Australia made orders by consent between the husband and wife. The dispute concerned the division of property and the wife's costs in related District Court civil proceedings.

The court was required to determine the distribution of proceeds from the sale of the parties' home, the allocation of funds held in trust by the husband's solicitor, and the division of personal property. Additionally, the court was to make orders regarding the husband's resignation from and transfer of interests in the Bault Superannuation Fund and its trustee company.

Foster J's reasoning, as reflected in the orders, involved a consent-based division of assets. The husband was ordered to resign from the superannuation fund and transfer his shares in the trustee company, with a Registrar empowered to sign necessary documents if the husband failed to do so. The wife was to receive a specific sum from the proceeds of the home sale, with the remaining balance to be held in trust for her costs in separate proceedings and any surplus to be paid to the husband. Further orders directed the payment of funds held by the husband's solicitor to him and specified items of personalty to be delivered to the husband, with the wife declared solely entitled to the remaining personal property.