Bourne and Bourne

This matter concerned orders made by Judicial Registrar Loughnan concerning the sale of a property and the division of assets between a husband and wife. The parties sought consent orders to facilitate the sale of their jointly owned property, known as the "N property," for a sum of $1,000,000, with offers over $950,000 to be considered. The orders also addressed the appointment of a solicitor and real estate agent to conduct the sale, and the conduct expected of the parties during the sale process.

The court was required to determine the terms of the consent orders, which encompassed the sale of the N property, the distribution of the net proceeds of sale, and the division of other specified assets and liabilities between the husband and wife. These included the transfer of the husband's interest in another property, the "V property," to the wife, and the retention by each party of their respective assets in New Zealand and other specified categories of personal property and business interests. The orders also stipulated the indemnification of each party for certain family loans and business liabilities.

The reasoning of the court was based on the consent of the parties, as evidenced by the explicit statement "By consent" preceding most of the operative orders. The court applied principles of family law concerning the division of property and the finalisation of financial settlements. The orders detailed a comprehensive scheme for the sale of the N property, including the priority of payments from the sale proceeds, such as agent and solicitor fees, outstanding rates, mortgage discharges, a specific payment to "Mr T," and the balance to the husband. Further orders addressed the transfer of the V property, the division of New Zealand assets, the wife's interest in D Pty Limited and associated businesses, the wife's sole entitlement to BB Business, and mutual indemnities for family loans. The court also included provisions for the retention of specified chattels, vehicles, funds, shares, superannuation, and employment benefits by each party, and a mechanism for the Registrar to execute documents if a party failed to comply with the orders.

The final outcome was the making of detailed consent orders, with a stay of operation for 28 days, allowing for potential further agreement or court intervention regarding the form of the orders.