CARDUS & CARDUS

In the matter of *Cardus & Cardus*, Judge Hartnett of the Federal Circuit and Family Court of Australia determined the division of property and liabilities between the parties following the breakdown of their marriage. The dispute concerned the distribution of proceeds from the sale of the former matrimonial home, funds held in a joint bank account, and the allocation of various debts and entitlements.

The court was required to determine the appropriate percentage split of the net sale proceeds of the former matrimonial home, considering all monies including deposit and distributed amounts, as well as any accrued interest. Further issues included the division of funds held in a joint Westpac bank account, the allocation of responsibility for debts owed to each party's respective families, and the apportionment of past, present, and future taxation liabilities. The court also needed to decide on the retention of furniture, chattels, and superannuation benefits by each party.

Judge Hartnett ordered that 60 per cent of the total sale proceeds from the former matrimonial home, including all associated monies and interest, be paid to the husband, with the remaining 40 per cent to be paid to the wife. The funds in the Westpac bank account were to be divided equally between the parties. Each party was made solely liable for, and required to indemnify the other against, any debts owed to their respective families and any taxation liabilities. Finally, each party was to retain, to the exclusion of the other, the furniture and chattels in their possession and their respective superannuation benefits. Liberty to apply was granted concerning costs.