Fadden and Fadden

In Fadden and Fadden, Stevenson J of the Federal Circuit Court of Australia made orders concerning the division of property between a husband and wife. The dispute involved the sale of two properties, the distribution of the proceeds from those sales, and the division of furniture and superannuation entitlements.

The court was required to determine the terms of the sale of the S property and the H property, including the appointment of agents, the setting of reserve prices, and the process for advertising and conducting the auctions. Furthermore, the court needed to establish the priority of payments from the proceeds of sale for both properties, including mortgage repayments, legal costs, rates, specific payments to third parties, and the ultimate division of the remaining balance between the parties. The court also had to make orders regarding the division of furniture and the transfer of superannuation entitlements.

Stevenson J ordered that both the S property and the H property be sold by public auction. The parties were directed to cooperate fully with estate agents and lawyers to facilitate these sales, including agreeing on reserve prices and executing necessary documents. The wife was granted occupancy of the S property until settlement, with both parties to share equally in the mortgage payments and the wife solely responsible for rates. Upon sale, the proceeds of the S property were to be applied first to sale costs, then to the mortgage, legal costs, rates, specific payments to the husband's mother and Mr V, and finally, the balance was to be split equally, with the husband to pay the wife $36,500 from his share. For the H property, proceeds were to be applied to sale costs, legal fees, rates, 20% to the W Pty Limited Superannuation fund, and the remaining balance split equally. Orders were also made for the division of furniture by the wife preparing two lists of equal value, and for the parties to take steps to enable the wife to roll out her superannuation entitlement.