Burke and Hollis

This matter came before Johns J concerning an application by the applicant for leave to make an application for final property orders outside the standard application period, pursuant to section 44(6) of the *Family Law Act 1975* (Cth). The proceedings involved a dispute between the applicant and the respondent regarding the division of their financial resources.

The court was required to determine the terms of final property orders by consent between the parties. These orders addressed the payment of a sum of money from the respondent to the applicant, the transfer of a property located at B Street, Suburb C, New South Wales, and the respective entitlements of each party to other identified assets, including real estate, vehicles, bank accounts, shareholdings, and superannuation interests. The court also needed to make provision for the sale of the Suburb C property in the event of default in payment and to specify how the proceeds of such a sale would be distributed.

The court's reasoning, as reflected in the orders made by consent, involved a comprehensive division of the parties' property. The respondent was ordered to pay $650,000 to the applicant and to indemnify the applicant against liabilities relating to the Suburb C property from the date of transfer. The applicant was to facilitate the transfer of this property, including discharging the existing mortgage. Provisions were made for the sale of the Suburb C property by public auction or private sale if the respondent failed to comply with the payment and transfer obligations within specified timelines. The proceeds of sale were to be applied first to sale costs and outstanding rates, then to the applicant for the $650,000 plus penalty interest, and any balance to the respondent. The orders also stipulated that the respondent would have sole occupation of the Suburb C property pending payment or sale, and that each party would retain their respective other assets and be solely liable for their own debts and liabilities.

By consent, the court ordered that the applicant have leave to make application for final property orders outside the standard application period. The court further ordered the payment of $650,000 by the respondent to the applicant, the transfer of the Suburb C property to the respondent, and the respondent's indemnification for rates and outgoings from the date of transfer. Provisions were made for the sale of the Suburb C property in default of payment, with the proceeds to be applied as specified. Each party was to retain their other identified assets and personal property, and they were to forgo claims to each other's superannuation. The court noted that these orders were intended to finally determine the financial relationship between the parties.