BRETT & BRETT

In the matter of *Brett & Brett*, Judge Harman of the Federal Circuit Court of Australia was required to determine the division of property and liabilities between Mr Brett (the Applicant) and Ms Brett (the Respondent). The dispute concerned the ownership and disposition of two properties, various personal assets, superannuation entitlements, and financial liabilities.

The court was tasked with making orders for the transfer of one property to the Respondent, the sale of another property, and the distribution of the net proceeds. Further issues included the allocation of responsibility for ongoing expenses and liabilities associated with the property to be sold, the declaration of sole and absolute ownership of other assets including motor vehicles, furniture, bank accounts, and superannuation, and the indemnification of each party for liabilities solely in their name. The court also needed to address mechanisms for resolving potential disagreements regarding the sale of the property and to make provision for the execution of necessary documents by the Registrar in the event of default.

Judge Harman ordered that Mr Brett transfer his interest in Property I to Ms Brett, who would then indemnify him for all liabilities relating to that property. Property A was to be listed for sale by private treaty, with detailed provisions for how the parties were to agree on an agent, solicitor or conveyancer, and listing price, including mechanisms for dispute resolution. The net proceeds of the sale of Property A were to be distributed with costs first, then 37.5% of the remaining equity to Ms Brett, and the net balance to Mr Brett. Pending the sale of Property A, Mr Brett was to be responsible for all rates, utility fees, insurance, and maintenance. The court also declared each party the sole and absolute owner of motor vehicles, furniture, bank accounts, and superannuation in their possession or name, and each party was to indemnify the other for liabilities in their sole name. The Registrar was authorised to sign documents on behalf of a defaulting party. All outstanding applications were dismissed, and exhibits were to be returned after the appeal period.