Dannello and Conti

The parties to this proceeding were husband and wife, and the dispute concerned the division of their property and spousal maintenance. The matter came before Johnston JR in the Family Court of Australia.

The court was required to determine the appropriate distribution of assets between the parties and to consider the discharge of an interim spousal maintenance order. The court also needed to make provision for the enforcement of its property orders.

Johnston JR ordered that a sum of $35,000 be paid from the proceeds of sale of the former matrimonial home to the wife, with any balance to be paid to the husband. In the event of insufficient funds or non-compliance, the husband was ordered to sell his home at M, with the proceeds to be applied first to sale costs, then to discharge the mortgage, then to pay the wife the amount owing under the primary order with interest, and finally the balance to the husband. The interim spousal maintenance order was discharged, and each party was declared the sole owner of other property in their possession. The court also made orders appointing the Registrars of the Court to sign documents on behalf of the husband should he fail to do so.