DINSMORE & DINSMORE

In the matter of DINSMORE & DINSMORE, Watts J of the Family Court of Australia made orders concerning the property settlement of the parties. The dispute centred on the division of assets and liabilities following the breakdown of the marriage.

The court was required to determine the appropriate orders for the sale of a property, the distribution of sale proceeds, the division of other assets including bank accounts and shares, and the allocation of liabilities. The court also needed to address the division of household furniture and make provision for the execution of necessary documents to give effect to the orders.

Watts J ordered that Property W in New South Wales be listed for sale by private treaty for eight weeks, with provisions for sale by public auction if it remained unsold. The proceeds of sale were to be applied first to sale costs, outstanding rates, and approved repairs, with the balance to be divided 61.9% to the Husband and 38.1% to the Wife. The Husband was to pay the Wife her share of a valuation fee. Other orders included the closure of a joint bank account with the balance to the Husband, the transfer of joint shares to the Husband, and the sole entitlement of each party to specific assets and liabilities, with mutual indemnities and releases for debts. The court also ordered an equal division of furniture, with a mechanism for selection. Finally, the court appointed a Registrar to execute documents if a party failed to do so.