Darby and Battersby

The parties to this proceeding were the Applicant and the Respondent, with the dispute concerning the final determination of their financial relationship. The matter was heard by Judge Harland.

The court was required to determine the division of property and liabilities between the parties, including the distribution of sale proceeds from a property, the transfer of an onsite caravan, and the allocation of debts and other assets. The court also had to address the costs associated with the proceedings.

Judge Harland ordered that the balance of sale proceeds from Property R, amounting to $41,962.37, be provided to the Applicant. Each party was to be solely liable for and indemnify the other against all debts and liabilities in their name. The Respondent was to transfer all his right, title, and interest in an onsite caravan to the Applicant at the Applicant's expense. The orders stipulated that each party would be solely entitled to property in their possession as at the date of the orders, and solely liable for liabilities encumbering that property. Joint bank accounts were to be divided equally, and each party was to forgo claims to the other's superannuation or work-related benefits. The Respondent was ordered to pay the Applicant's outstanding costs from a previous order and the Applicant's costs for attendance at court and the final hearing. The parties intended these orders to finally determine their financial relationship and avoid further proceedings.