Bree and Bree and Anor

This matter concerned financial and property settlement proceedings between Mr Bree (the Applicant Husband) and Ms Bree (the Respondent Wife). The dispute also involved the Husband's parents and a group of companies and trusts known as the Bree Group. A significant point of contention related to funds advanced by the Husband's parents, which the Husband asserted were a loan evidenced by a deed, while the Wife contended they were a gift and the deed was procured by unconscionable conduct. Proceedings concerning these funds had been initiated in the Supreme Court of the Australian Capital Territory and subsequently transferred to the Family Court of Australia.

The court was required to determine the terms of a consent order resolving the parties' financial claims against each other, including property settlement and spousal maintenance. The orders addressed the division of funds held in a joint account, the splitting of superannuation entitlements, and the transfer and disclaimer of interests in various companies and trusts comprising the Bree Group. Furthermore, the court needed to establish declarations of sole liability for certain debts and liabilities, particularly those related to the funds advanced by the Husband's parents and the Bree Group, and to provide for releases and indemnities between the parties and in favour of the Wife concerning liabilities associated with the Husband, his parents, and the Bree Group.

The court made consent orders reflecting a full and final settlement of all financial claims between the parties pursuant to section 81 of the *Family Law Act 1975* (Cth). The orders provided for a lump sum payment of $500,000 to the Wife from the joint account, with the balance to the Husband, and a superannuation splitting order entitling the Wife to $80,000 from the Husband's superannuation. The Wife was to disclaim and transfer all interests in the Bree Group entities to the Husband, who would bear the costs associated with these transfers and procure the Wife's release from associated liabilities. The Husband was declared solely liable for the W Street and V Street Funds and other liabilities owed to his parents and associated entities, and he indemnified the Wife against these and other liabilities connected to the Bree Group. The orders also declared each party to be the sole beneficial owner of property in their respective names, except as otherwise provided, and included mutual releases of debts between the parties.