Cimarosa and Cimarosa and Anor

This matter concerned orders made by Hannam J in the Federal Circuit and Family Court of Australia concerning the division of property between the parties. The dispute primarily revolved around the former matrimonial home, identified as the Suburb C property, and another property known as the Suburb E property.

The court was required to determine the appropriate orders for the transfer, sale, and distribution of proceeds relating to the Suburb C property, including the payment of a sum by the Applicant to the First Respondent. Additionally, the court had to consider the Applicant's application concerning the Suburb E property.

Hannam J ordered that the First Respondent transfer his interest in the Suburb C property to the Applicant within 42 days, subject to the Applicant paying the First Respondent $289,729.20 contemporaneously. If this payment was not made, the parties were to list the property for sale by private treaty, with provisions for sale by auction if it remained unsold. The proceeds of sale were to be applied first to sale costs and mortgages, with the balance distributed 70% to the Applicant and 30% to the First Respondent. The court also declared each party the sole owner of personalty and financial resources in their possession, and dismissed the Applicant's claim regarding the Suburb E property. Provisions were made for the Registrar to execute documents if a party refused to do so.