DALLIMORE & DALLIMORE

In the matter of *Dallimore & Dallimore*, Judge Boyle considered an application by the husband pursuant to section 79A of the *Family Law Act 1975* (Cth). The dispute concerned the division of property following the breakdown of the parties' marriage.

The court was required to determine whether to grant the husband's application to vary the original property settlement orders. The court also had to consider the appropriate orders to ensure the wife received a specific sum of money, including provisions for the sale of certain assets if the husband failed to comply with payment obligations.

Judge Boyle dismissed the husband's application under section 79A. The court ordered the husband to pay the wife $21,838 within 28 days. If the husband failed to comply, an enforcement warrant was to issue for the seizure and sale of two motor vehicles, with the proceeds to be paid to the wife. Any shortfall would remain payable by the husband. In further default, the wife was appointed trustee for the sale of the B Street, Suburb C property, with detailed provisions outlining the process for listing, marketing, and selling the property by private treaty or auction, including the priority of payment of sale proceeds.