Clarkson and Clarkson

This matter concerned property adjustment orders made by Justice Watt in the Family Court of Australia between a husband and wife. The dispute revolved around the division of various assets, including superannuation funds, bank accounts, real estate, and interests in private companies, as well as the allocation of debts and costs.

The court was required to determine the specific entitlements of each party to their respective superannuation interests, bank accounts, and other financial assets. Further issues included the transfer of a motor vehicle, the removal of a caveat, the wife's resignation from directorships and transfer of company shares, and the husband's indemnification for certain liabilities. The court also had to address the sale of a property, the distribution of sale proceeds, and the payment of various professional fees and legal costs.

Justice Watt made detailed orders for the division of property, largely reflecting the parties' existing holdings in superannuation and bank accounts, with specific provisions for the transfer of a car and the removal of a caveat. The wife was ordered to resign from directorships and transfer company shares, while the husband was to indemnify her against future liabilities arising from those roles. A significant portion of the wife's superannuation was to be transferred to the husband. The court also ordered the sale of a property, with a complex mechanism for its sale and the distribution of proceeds, including a substantial payment to the wife for a new home and a percentage split of the remaining balance. Provisions were made for the payment of expert valuers' fees and legal costs, with a Registrar authorised to sign documents on behalf of a defaulting party.