Demtrovski and Paposka

This matter concerned an application before Judicial Registrar Johnston concerning the division of property between a husband and wife. The dispute centred on the sale of a property located at N Street, P, and the distribution of its proceeds, as well as other assets including a former matrimonial home at U, a motor vehicle, and personal jewellery.

The court was required to determine how the proceeds of the N Street property sale should be distributed, including the priority of payments for sale costs, outstanding mortgages, rates, and specific debts owed to medical professionals and the wife's mother. Furthermore, the court needed to address the scenario where the N Street property's net proceeds were insufficient to cover these payments, and how any shortfall should be met from the proceeds of the former matrimonial home. The court also had to determine the overall division of the remaining balance of the former matrimonial home's proceeds between the parties, and how any losses relating to the N Street property should be borne.

Judicial Registrar Johnston ordered that the wife was to facilitate the sale of the N Street property for the best price reasonably obtainable. The proceeds were to be applied first to sale costs, then to discharge the mortgage and outstanding rates. Following this, specified debts to Dr G, Professor L, Dr D, and the wife's mother were to be paid. Any remaining balance was to be paid into a controlled monies account. In the event of a shortfall from the N Street property sale, the proceeds from the former matrimonial home were to be used to meet these payments. The remaining balance of the former matrimonial home's proceeds, after compliance with these orders, was to be disbursed to achieve an overall division of 60 percent to the husband and 40 percent to the wife, with losses on the N Street property to be borne equally. The wife was also ordered to transfer her interest in a Mitsubishi Lancer to the husband, and the husband was to return specific items of the wife's jewellery. Other property and chattels were to remain with the party in possession, with each party retaining their superannuation entitlements. The orders were to commence operation on 30 January 2009, with liberty to re-list for submissions on the form of orders prior to that date.