Cadwell and Cadwell

This matter concerned an application by the parties, Mr and Mrs Cadwell, for final orders in relation to property settlement. The court was required to determine the terms of these orders, which involved the division of various assets including bank accounts, a property, and shares. The orders sought to provide a comprehensive framework for the division of the former matrimonial home and other property.

The primary legal issues before the court were how to effect a fair and equitable distribution of the parties' assets and how to manage the sale of the former matrimonial home. This included determining the process for its sale, including the reserve price, the conduct of auctions, and the distribution of proceeds. The court also had to address the division of jointly owned shares and declare each party the sole owner of other property and superannuation in their possession.

The court made orders that discharged certain previous directions and confirmed others as final. These final orders stipulated that the wife was to pay a specified sum from her BankWest account into an ANZ account, with both parties restrained from withdrawing funds from this ANZ account except for the purposes of fulfilling the orders or with mutual consent. The court also detailed a comprehensive process for the sale of the former matrimonial home, including joint instructions to an auctioneer and solicitor, a specified reserve price, and a procedure for subsequent auctions with progressively reduced reserve prices if the property did not sell. The proceeds of sale were to be applied to agent's and legal costs, discharge of the mortgage, and then distributed between the parties in specified percentages. The court further ordered the transfer of jointly owned shares and declared each party the sole owner of other property and superannuation. The orders were to commence operation from 30 September 2009.