Douglas and Douglas

Judicial Registrar Loughnan considered orders concerning the division of property between the husband and wife. The dispute involved the transfer of interests in real property, a company, superannuation, and personalty, with specific provisions for payment and indemnification.

The court was required to determine the terms of the property settlement, including the payment of a sum by the husband to the wife, the transfer of the wife's interest in the matrimonial home to the husband, and the transfer of the wife's shareholding in S Pty Limited to the husband. Further issues included the husband's indemnification of the wife regarding liabilities associated with the company and the home, the transfer of the wife's superannuation interest, and the division of personalty and financial resources. The court also needed to establish a mechanism for the sale of the home should the husband fail to make the required payment by the due date, including provisions for occupancy, sale by private treaty or auction, and the distribution of sale proceeds.

The Registrar made orders that, within two months, the husband was to pay $248,983 to the wife's solicitors. Upon this payment, the wife was to transfer her interest in the matrimonial home to the husband, who would indemnify her against all liabilities relating to the property. If the husband failed to pay, the home was to be sold, with specific procedures for private treaty or auction sale, and the net proceeds to be divided with 51% to the wife and the balance to the husband. The wife was also to transfer her shareholding in S Pty Limited to the husband, who would indemnify her against any liabilities arising from her former directorship, shareholding, or loans to the company. The husband was ordered to facilitate the transfer of the wife's superannuation interest to a fund nominated by her, and both parties were to transfer personalty and financial resources to each other as specified. A provision was included appointing the Registrar to sign documents on behalf of a defaulting party if they refused to comply with the orders.