Danyon & Danyon

This matter concerned an application by Ms Danyon (the Applicant/Wife) against Mr Danyon (the Respondent/Husband) in the Federal Circuit and Family Court of Australia. The dispute centred on the division of the parties' property following their separation in August 2019, after a marriage that commenced in 1994. The court was required to make orders regarding the sale of the former matrimonial home and the distribution of the proceeds, as well as other assets and liabilities.

The primary legal issues before the court were how to effect a just and equitable division of the parties' non-superannuation assets, which included the former matrimonial home, a share portfolio, a boat, a motor vehicle, and guns and fishing gear. The court also needed to determine the terms of sale for the matrimonial home, including the appointment of agents and conveyancers, listing price, and method of sale, with provisions for private sale, auction, and a second auction if necessary. Further issues involved the husband's sole occupation of the matrimonial home pending sale, his responsibility for mortgage payments and outgoings, and injunctions preventing further encumbrance of the property. The court also considered the division of joint bank accounts and the allocation of other property and liabilities.

Justice O'Shannessy applied the principles of section 79 of the *Family Law Act 1975* (Cth), finding that, save for an inheritance received by the Husband, the parties had contributed equally to their property over the long marriage. The court ordered that the former matrimonial home be placed on the market for sale, with detailed provisions for its listing, sale, and the appointment of agents and conveyancers, giving the Wife significant discretion in case of disagreement. The proceeds of sale were to be applied first to sale costs, then to discharge the mortgage, and finally to ensure each party received 50% of the parties' non-superannuation total net assets. The Husband was granted sole occupation of the home pending sale, with responsibility for mortgage payments and outgoings, and was restrained from further encumbering the property. The court also ordered the equal distribution of joint bank accounts and specified which other assets each party would retain.

The court further ordered that Wightons Lawyers be appointed pursuant to section 106A of the *Family Law Act 1975* (Cth) to execute any necessary documents for the sale of the matrimonial home in the event the Husband failed or refused to do so, with specific notice requirements to be given to the Husband. The Husband was ordered to pay the Wife's costs fixed at $7,000 from his share of the sale proceeds. The court noted that these orders were intended to finally determine the financial relationships between the parties.