Cai and Hsueh

In the matter of *Cai and Hsueh*, Foster J considered an application by the wife concerning property division following the breakdown of the marriage. The dispute centred on the wife's claim for a specific sum of money from the proceeds of sale of certain jointly owned properties, as well as the discharge of a mortgage over those properties.

The primary legal issue before the court was whether the wife was entitled to a charge over the husband's share of the net proceeds of sale of properties located at H Street, Suburb I and Lots 1 and 2/J Street, Suburb K, in the amount of $97,500.00. A further issue concerned the arrangements for the discharge of a National Australia Bank mortgage from these properties and the reallocation of security for another NAB mortgage to the wife's sole property.

Foster J ordered that the wife have a charge over the husband's share of the net proceeds of sale of the specified properties to the value of $97,500.00, to be paid out upon settlement of the sales. The parties were directed to take all necessary steps to ensure that a particular NAB mortgage was paid out and discharged from these proceeds. Additionally, the parties were ordered to facilitate the release of the H Street and J Street properties from another NAB mortgage, with that mortgage remaining secured over the wife's property at B Street, Suburb C. Otherwise, the wife's application filed on 13 March 2017 was dismissed.