Cheung and Cheung and Ors (No 2)

This matter came before Jordan J of the Family Court of Australia concerning orders sought by the Wife against the Husband and other respondents. The dispute involved the division of property and the payment of substantial sums, with the court making orders regarding substituted service, the transfer of various properties, and the payment of a significant monetary sum.

The court was required to determine the appropriate method of service on the Husband and other respondents, the appointment of Registrars to execute documents for property transfers, and the terms under which certain properties could be sold or mortgaged. Further issues included the distribution of sale proceeds, the payment of a large sum by the Husband to the Wife, and the consequences of non-payment, including the appointment of a Trustee for Sale for a property known as "T House" and the distribution of its proceeds. The court also addressed the Husband's indemnity to the Wife for liabilities arising from corporations or trusts created during the marriage and the payment of the Wife's costs on an indemnity basis.

In reaching its decision, the court applied section 106A of the *Family Law Act 1975* to appoint Registrars to sign documents in the stead of the Husband where he failed to do so, thereby facilitating the transfer of properties. The court also varied previous orders to allow the Wife to mortgage and sell the "E Property" and apply the proceeds in a specified order of priority, including discharging existing liabilities and paying various debts. The court ordered the Husband to transfer his interest in the "M Property" to the Wife and to pay a sum of $9,500,000.00. In the event of non-payment, the court made detailed provisions for the sale of "T House" by a Trustee for Sale, with proceeds to be applied to debts, costs, and then distributed to the Wife's lawyers for payment to the Husband, subject to any outstanding amounts owed to the Wife. The court also ordered the Husband to indemnify the Wife for liabilities related to entities created during the marriage and to pay the Wife's costs on an indemnity basis, with the assessment to be conducted by a specified legal practitioner.