Bourke v Bourke (Final Hearing Costs)

In *Bourke v Bourke (Final Hearing Costs)*, Murphy J considered an application by the wife against the husband and a third party, S Finance Pty Ltd, concerning the transfer of a property. The dispute centred on the validity of a property transfer from the husband to the company and the subsequent entitlement to that property as part of property settlement proceedings.

The court was required to determine whether the transfer of the property to S Finance Pty Ltd should be set aside pursuant to section 106B of the *Family Law Act 1975* (Cth). Additionally, the court had to consider the wife's entitlement to the property as a settlement of property under section 79 of the *Family Law Act 1975* (Cth), and the appropriate orders to give effect to these determinations, including the appointment of a Registrar to execute necessary documents. The court also addressed the wife's application under Part VIIIAA of the *Family Law Act 1975* (Cth), which was dismissed.

Murphy J reasoned that the transfer of the property to the company was to be set aside, ordering the company to transfer the property back to the husband free of encumbrance. Subsequently, as part of the property settlement, the husband was ordered to transfer the property to the wife, making her solely entitled to it. The court also appointed a Registrar to execute documents if necessary and issued injunctions restraining the husband and the company from dealing with the property other than as directed. The court reserved the question of costs for proceedings on 30 January 2009 and the trial, requiring further written submissions from the parties.