Cheetham and Cheetham

In the matter of *Cheetham and Cheetham*, Cleary J of the Family Court of Australia made orders concerning the division of property between the applicant wife and the respondent husband. The dispute centred on the disposition of the former matrimonial home, jointly held shares, and other assets.

The court was required to determine how the former matrimonial home should be sold and how the proceeds should be distributed, including the setting of a reserve price. Further issues included the sale of jointly held shares and the application of those proceeds, the treatment of superannuation interests, and the division of personal property. The court also needed to address the consequences of a party failing to comply with the orders made.

Cleary J ordered that the former matrimonial home be sold by auction within 42 days at a reserve price of $1,660,000, or as otherwise agreed. The proceeds were to be applied first to sale costs, encumbrances, and then divided with 53.5 per cent to the wife and 46.5 per cent to the husband. Pending sale, the wife was permitted to occupy the home and maintain it. Jointly held shares were to be sold within 28 days, with proceeds used to cover sale costs, tax provisions, discharge a specific loan, and any net balance divided equally. Each party was to retain their respective superannuation interests and personalty in their possession. The court also appointed a Registrar to execute documents on behalf of any defaulting party and ordered that the defaulting party pay the other's costs incurred in enforcing the orders.