Elkhouri & Amatullah

In *Elkhouri & Amatullah*, heard by Gill J, the dispute concerned the division of property between a husband and wife. A key element of the dispute involved funds held by third-party solicitors in relation to the proceeds of sale of a property.

The court was required to determine how to distribute the proceeds of sale of the Suburb D property, which were held in a controlled money account by solicitors. The court also had to consider the husband's liabilities arising from loans received from a third party, and how to treat other assets and debts in the possession of each party.

Gill J ordered that the solicitors disperse the moneys held on trust. The wife was to receive 44.4 per cent of these funds, with the husband receiving the remaining 55.6 per cent. The husband was also ordered to indemnify the wife against any liabilities arising from loans he received from the second respondent. The court further declared that each party would be the sole legal and beneficial owner of other assets in their respective possession, with bank accounts and superannuation entitlements deemed to be in the possession of the respective account holder or worker. The husband was ordered to pay the wife a further sum of $221,000 AUD within six months, with interest accruing. Each party was to be solely liable for and indemnify the other against debts relating to property in their respective possession or in their sole names. The Registrar of the Family Court was empowered to execute documents if a party neglected to do so. All outstanding applications were dismissed.