Colbert and Colbert

In *Colbert and Colbert*, heard by Moore J, the dispute concerned the division of property between a husband and wife. The court was required to make orders regarding the distribution of assets and the financial settlement between the parties.

The central legal issues before the court were the appropriate orders to be made for the transfer of property and the payment of a sum of money, as well as the consequences of non-compliance with these orders. The court also considered the entitlement of each party to retain other property not specifically mentioned in the orders.

Moore J made orders for the husband to transfer his interest in a South African property to the wife absolutely. The husband was also ordered to pay the wife a sum of $233,000 within one month. In the event of non-payment, the husband was to sell another property, known as M, for the best obtainable price and pay the $233,000 to the wife upon settlement. The orders stipulated that, apart from the specified property, each party was entitled to retain all other property they owned at the date of the orders. Furthermore, the court appointed a Registrar or Deputy Registrar to execute any necessary documents if either party failed to do so, pursuant to section 106A of the *Family Law Act*.