Fiore and Fiore and Anor

In the matter of *Fiore and Fiore and Anor*, Thornton J of the Family Court of Australia made orders concerning the property settlement between the husband and wife. The dispute involved the division of real property, personal property, and superannuation interests.

The court was required to determine the appropriate distribution of the parties' assets, including the husband's interest in a property at L Street, G Town, Victoria, and other real estate located at N Street and M Street, G Town. The court also considered the wife's entitlement to a sum of $434,515 and the removal of any caveats she had lodged against the husband's properties.

Thornton J applied the principles of property settlement under the *Family Law Act 1975* (Cth). The court declared that the husband held his interest in the L Street property on trust for the second respondent. The husband was ordered to pay the wife a sum of $434,515 within ninety days. In the event of non-compliance with this payment order, the husband and wife were directed to list for sale the properties at N Street and M Street, with the proceeds to be applied first to sale costs, then to discharge mortgages and encumbrances, followed by payment of the wife's entitlement and any outstanding costs orders, with any remaining balance to be retained by the husband. Each party was declared solely entitled to personal property and superannuation in their respective possession or control.