Dabrowska-Kaminski and Kaminski

This matter came before Johnston JR concerning the division of property between the husband and wife. The dispute involved the sale of a property, the distribution of its proceeds, and the division of various other assets including shares in companies, interests in trusts, and personal property. The court was tasked with making orders to finalise these matters.

The court was required to determine how the parties' property, including a jointly owned property, corporate entities, trust assets, and personal effects, should be divided. This involved establishing a mechanism for the sale of the primary property, the allocation of sale proceeds, and the resolution of claims and liabilities associated with various companies and trusts established during the marriage. The court also needed to address the division of household items and the potential need for court intervention to enforce the orders.

The court ordered the sale of the property by public auction, with proceeds to be applied first to the mortgage debt and costs of sale. The balance was to be divided with 55.375% to the wife and 44.625% to the husband, with the husband to receive any amount due to him under his line of credit. If the auction failed, the property was to be sold by private treaty within two months. The court also made detailed orders regarding the wife's resignation from trustee positions and her release from claims against certain entities, while the husband was to indemnify the wife against liabilities arising from these entities. Personal property was to be divided by agreement, with a specific process outlined for the division of household furniture. The Registrar of the Court was appointed to execute documents if a party defaulted, and the orders were to commence operation on 30 September 2009.