Chih and Chan (No 2)

This case concerned financial adjustment orders made by Watts J of the Family Court of Australia between the husband, Mr Chan, and the wife, Ms Chih. The dispute involved the division of property and superannuation interests.

The court was required to determine the terms of the financial orders, including the payment of a sum of money from the husband to the wife, the transfer of interests in a property, the sale of that property in certain circumstances, the division of jointly owned furniture, and the allocation of a portion of the husband's superannuation interest to the wife. The court also needed to address the respective entitlements to other assets and liabilities.

Watts J made orders pursuant to section 79 of the *Family Law Act 1975* (Cth). The husband was ordered to pay the wife a sum of $665,166. Simultaneously, the husband was to discharge a line of credit and mortgage over the "Suburb C Property" and the wife was to transfer her interest in that property to the husband. Provisions were made for the sale of the Suburb C Property by public auction if the husband failed to comply with these obligations, with detailed arrangements for the sale process, reserve price, and distribution of proceeds. The husband was also ordered to transfer a Japanese car to the wife and the parties were to divide jointly owned furniture. A base amount of $47,917 was allocated from the husband's superannuation interest to the wife, with provisions for future splittable payments. Each party was to be solely entitled to property in their respective names or possession, and each was to indemnify the other for associated debts. A Registrar was appointed to execute documents if a party failed to comply with the orders.