Bedson and Bedson

This matter concerned orders made by Johnston JR in proceedings between a husband and wife. The dispute revolved around the division of various properties, including real estate, a joint bank account, and vehicles, as well as the allocation of liabilities associated with these assets.

The court was required to determine the specific orders to be made regarding the transfer of interests in properties, the refinancing of loans, the sale of certain properties, the distribution of sale proceeds, and the division of personal property and vehicles. The court also needed to address the execution of necessary documents and the consequences of any default by either party in complying with the orders.

Johnston JR ordered the wife to transfer her interests in two properties to the husband, who was then to refinance the associated loans to release the wife from liability. Conversely, the husband was ordered to transfer his interest in another property to the wife, who was to refinance the loan secured over it. Two other properties were to be sold by private treaty, with the sale price to be mutually agreed or determined by valuers. The proceeds of sale were to be applied first to sale costs, then to discharge mortgages and rates, followed by capital gains tax liabilities. The balance of the proceeds from one property was to be split, with the husband receiving a specific percentage and the wife the remainder, while the balance from the other property was to be paid entirely to the wife. The husband was also ordered to transfer the balance of a joint bank account to the wife. Further orders dealt with the cessation of mortgage deductions from the joint account, the division of personal property and vehicles, and the wife's responsibility for a specific credit line facility. To ensure compliance, the Registrar was appointed pursuant to s 106A of the *Family Law Act 1975* to execute documents in the name of any defaulting party. Finally, each party was to retain all other property in their possession or control, free from any claim by the other, subject to compliance with the orders.