George and Woolworth

This matter came before Johns J concerning an application for final property orders. The applicant sought leave to make this application outside the standard time period, which was granted pursuant to section 44(6) of the relevant legislation. The dispute concerned the division of property between the parties, specifically a property located at B Street, Suburb C, Victoria.

The court was required to determine the terms of the final property settlement between the parties. This included the payment of a sum of money by the respondent to the applicant, the discharge of a mortgage and other outgoings on the Suburb C property, and the retention of the respondent's interest in that property. The court also had to consider the eventuality of the property needing to be sold and how the proceeds would be distributed, as well as the interim occupation and management of the property pending payment or sale.

By consent, the court ordered that the respondent pay $20,000 to the applicant within sixty days, and contemporaneously indemnify the applicant against the mortgage and all rates, taxes, and outgoings on the Suburb C property. The applicant was to provide a withdrawal of caveat form. The respondent would retain his interest in the property. In the event of non-payment, the property was to be sold out of court, with proceeds applied first to sale costs, then to discharge the mortgage, then to the applicant for the outstanding payment plus interest, and the balance to the respondent. Pending payment or sale, the respondent had sole right to occupy the property and was to pay all instalments, while both parties held their interests in trust and were prohibited from encumbering the property without consent. The parties were otherwise to retain their own property and forego claims to each other's superannuation. The court noted the parties' intention for these orders to finally determine their financial relationship.