Cummins and Creighton (No. 2)

This matter concerned orders made by Johnston J in proceedings between a husband and wife. The dispute involved the division of property, including the former matrimonial home, several motor vehicles, and other assets.

The court was required to determine how the parties' various assets should be divided and to make orders for the transfer of ownership and the sale of certain items. Specifically, the court needed to address the ownership of the former matrimonial home, several motor vehicles, and all other property and superannuation held by each party. The court also had to establish a mechanism for the sale of a particular motor vehicle, including terms for its auction, reserve price, and the distribution of sale proceeds.

Johnston J ordered the husband to transfer his interest in the former matrimonial home to the wife. The wife was declared the sole owner of two motor vehicles, while the husband was declared the sole owner of three other motor vehicles and associated components. A specific motor vehicle was to be listed for public auction with a nominated reserve price, with provisions for subsequent auctions at reduced reserve prices if it did not sell. The husband was to arrange for the delivery and insurance of this vehicle for auction, with costs to be reimbursed from the sale proceeds. The proceeds of the sale were to be applied first to auction costs, then to reimburse the husband for transportation costs, with the balance to be divided, with 24.131% going to the wife and the remainder to the husband. In the event the nominated auctioneer was unavailable, an alternative was to be appointed. The wife was made responsible for all expenses related to the matrimonial home until the transfer of ownership. The Registrar of the Court was appointed to execute any necessary documents if a party refused to do so. The orders were to commence operation on 14 November 2017, with leave for parties to relist for submissions on the form of the orders prior to that date.