Contreras and Crosby

This matter concerned the division of property between a husband and wife, with Judge Willis presiding. The dispute centred on how the parties' assets, including their former matrimonial home, an investment, and superannuation entitlements, should be divided. The parties sought to finalise their financial relationship, with the intention of ending it as far as possible, pursuant to section 81 of the *Family Law Act 1975* (Cth).

The court was required to determine the specific orders for the division of the non-superannuation asset pool, which was valued at $406,065.00. Key issues included how the former matrimonial home would be dealt with, the transfer of a joint investment to the wife, the division of household contents, and the allocation of individual liabilities and superannuation entitlements. The court also needed to establish default provisions in the event of non-compliance with the primary orders, particularly concerning the sale of the matrimonial home.

Judge Willis ordered a 50/50 division of the non-superannuation assets between the wife and husband. The wife was given the opportunity to retain the former matrimonial home by paying the husband his 50% share of the net assets by a specified date. The husband was ordered to transfer his interest in the property to the wife simultaneously with her payment. The joint investment was to be transferred to the wife, and she was to retain the sale proceeds from a specific unit. Household contents were to be divided equally, with the husband retaining a piano. Each party was to be solely responsible for their own personal liabilities and retain their respective superannuation entitlements. Default provisions were included, stipulating the sale of the matrimonial home by private treaty or public auction if the wife failed to meet her payment obligations, with specific procedures for sale and distribution of proceeds.