Clovelly & Clovelly (No 2)

This matter concerned property settlement proceedings between Ms Clovelly (the applicant wife) and Mr Clovelly (the respondent husband) before Faulks DCJ in the Family Court of Australia. The dispute revolved around the division of assets, specifically the matrimonial home and superannuation interests, following the breakdown of the marriage.

The court was required to determine the terms of the property settlement, including the valuation and sale of the matrimonial home, the distribution of sale proceeds, and the division of superannuation entitlements. The court also needed to address the ongoing financial responsibilities of the parties concerning the matrimonial home and the mechanism for enforcing the property settlement orders.

Faulks DCJ ordered that the husband pay the wife a sum of $221,898 by a specified date as property settlement. If this payment was not made, the matrimonial home was to be listed for sale, with detailed provisions governing the sale process, including the appointment of a real estate agent, listing price, method of sale, and acceptance of offers. The proceeds of sale were to be applied first to sale costs, then to discharge the mortgage, with the balance divided 65% to the wife and 35% to the husband, after accounting for adjusting amounts. The husband was to continue paying the mortgage until settlement and was restrained from further encumbering the property. The court also ordered that the wife was entitled to a 50% split of the husband's splittable superannuation payments from specific schemes, with provisions for the operative time and liberty for trustees to apply. Finally, the court declared each party the owner of chattels in their control and discharged flagging orders, while reserving liberty to apply regarding the sale terms.