Gallardo & Gallardo

The case of *Gallardo & Gallardo* concerned a dispute between a husband and wife regarding the division of their property. The proceedings were heard by Johnston JR.

The primary legal issue before the court was the appropriate distribution of the parties' assets and liabilities. This involved determining the quantum of a lump sum payment to be made by the husband to the wife, and the method of its discharge, including the potential sale of a property. The court also considered the retention of various assets by each party, such as motor vehicles and shares, and the wife's application for spouse maintenance.

Johnston JR ordered the husband to pay the wife a sum of $253,970 within 60 days. In the event of non-compliance, the husband was directed to sell the property known as "W property" in New South Wales for the best reasonably obtainable price. The net proceeds of this sale were to be applied first to the costs of sale, then to pay the wife 31.746 percent of the balance, plus prescribed interest if payment was delayed beyond 60 days from the commencement of the orders. A provision was made for a $100,000 payment within 60 days to negate the liability for interest. The wife was to retain a Toyota CV RAV, and the husband was to retain a Toyota Hilux, a BMW, and Telstra shares. Both parties were to retain other property in their possession free from further claim, subject to compliance with the orders. The wife's application for spouse maintenance was dismissed. The orders were to commence operation on 22 May 2009, with provisions for parties to re-list for implementation or submissions on the form of orders.