Castilla and Keene

The matter of *Castilla and Keene* concerned an application by the Applicant De Facto Wife against the Respondent De Facto Husband. The dispute revolved around the division of property and financial entitlements following the breakdown of the de facto relationship. The proceedings were heard in the Federal Circuit Court of Australia before Judge Harland.

The court was required to determine the appropriate financial orders to be made in favour of the Applicant De Facto Wife, including a lump sum payment and the disposition of proceeds from the sale of a jointly owned property. The court also needed to address the ongoing occupation of the property, the discharge of existing encumbrances, and the allocation of costs.

Judge Harland ordered the Respondent De Facto Husband to pay a sum of $173,437.00 to the Applicant De Facto Wife's solicitors within 60 days. In the event of default, the Respondent was to take all necessary steps to sell the real property located in Victoria. The proceeds of the sale were to be applied first to sale costs, then to discharge mortgages and encumbrances, followed by a specific allocation to the Applicant (35% of the net sale price plus penalty interest, $14,681.70, and $11,695.00 in costs), with the balance to the Respondent. Pending payment or sale, the Respondent was to continue sole occupation of the property, provided he met all mortgage instalments, rates, and outgoings, and was restrained from further encumbering the property. The court also ordered the Respondent to pay the Applicant's costs fixed at $11,695.00. Each party was to retain their existing property, with specific provisions regarding chattels and superannuation. The court further made orders for the enforcement of its directions under section 106A of the *Family Law Act 1975* and certified that it was reasonable for the parties to brief counsel.