Bircher & Bircher (No 2)

In *Bircher & Bircher (No 2)*, the Supreme Court of Queensland was asked to determine whether a party to a family law property settlement was entitled to an order for the sale of a property held by the other party. The dispute arose in the context of ongoing proceedings concerning the division of matrimonial assets.

The central legal issue before the Court was whether it possessed the power to order the sale of a property that was not jointly owned by the parties, but rather solely owned by one of them. This required an examination of the Court's jurisdiction and the scope of its powers under the relevant family law legislation to make orders concerning property.

Carew J considered the provisions of the *Family Law Act 1975* (Cth), particularly those relating to the division of property. His Honour determined that the Court's power to make orders with respect to property extended to ordering the sale of property owned by one party, even if that property was not jointly held. The Court's overarching duty is to achieve a just and equitable division of the parties' financial resources, and this may necessitate the sale of an asset to facilitate such a division. The Court found that it had the power to order the sale of the property in question.