BRYDEN & BRYDEN

In the matter of *Bryden & Bryden*, Judge Phipps of the Family Court of Australia was required to determine the terms of property settlement between a husband and wife. The dispute concerned the division of assets, including a property and superannuation entitlements, and the payment of a sum of money by the husband to the wife.

The court was tasked with determining the appropriate orders for the division of property, specifically addressing the payment of $30,000 by the husband to the wife, the transfer of a property to the wife for sale in the event of non-payment, and the distribution of sale proceeds. Further issues included the allocation of superannuation, bank accounts, insurance policies, and personal possessions, as well as the husband's right to occupy the property pending its sale.

Judge Phipps ordered that the husband pay $30,000 to the wife by a specified date. In default of this payment, the husband was to transfer the property to the wife for sale, with the proceeds to be applied first to sale costs, then to discharge any mortgage or encumbrances, followed by the outstanding payment with interest, and finally any balance to the wife. The husband was granted sole occupation of the property pending sale, with responsibility for rates and outgoings. The court also made orders regarding the separate entitlement of each party to their respective superannuation and other property, with specific provisions for joint bank accounts and insurance policies.