Dakic and Dakic

In the matter of *Dakic and Dakic*, Watts J of the Family Court of Australia made orders concerning the property of the husband and wife. The dispute involved the division of assets and liabilities, including the former matrimonial home, furniture, personal effects, and shares.

The court was required to determine the appropriate division of the parties' property and liabilities under section 79 of the *Family Law Act 1975*. This involved deciding how the former matrimonial home, which was subject to a mortgage, would be dealt with, as well as the distribution of other personal property and the allocation of potential capital gains tax liability.

Watts J ordered that the husband pay the wife a sum of $130,340.00. Upon this payment, the wife was to transfer her interest in the former matrimonial home to the husband, who was then to discharge the existing mortgage. Following these actions, the wife was to vacate the home, and the husband would have exclusive occupation. In the event the husband failed to comply with these payment and mortgage discharge obligations within the specified timeframe, the former matrimonial home was to be sold, with the proceeds distributed in a specific order: first, to cover the outstanding mortgage and sale costs, and then 79% of the balance to the wife and 21% to the husband. The parties were also to divide remaining furniture and personal effects, with the husband retaining items in his name or possession, and the husband was to indemnify the wife against any capital gains tax arising from the sale of shares. The Registrar was appointed to execute documents if either party refused to do so.