GHASEMI & SALEHI

In the matter of GHASEMI & SALEHI, Foster J of the Federal Circuit and Family Court of Australia made orders concerning the division of property and financial matters between a husband and wife. The dispute involved the wife's interest in a property at A Street, Suburb E, a Toyota motor vehicle, and shareholding in W Pty Ltd, as well as the husband's indemnification from certain liabilities.

The court was required to determine the terms of the property settlement, including the payment of a sum by the husband to the wife, the transfer of interests in real property and a motor vehicle, and the transfer of shareholding in a company. The orders also addressed the refinancing or discharge of existing mortgage encumbrances and the indemnification of the wife from financial liabilities related to the company and the motor vehicle. Furthermore, the court stipulated the procedure for the sale of the A Street property in the event of the husband's default in payment.

Foster J ordered that the husband pay the wife $104,066 within two months, in consideration of which the wife would transfer her interest in the A Street property, provided the husband discharged or refinanced existing mortgages. The husband was also ordered to arrange the transfer of a Toyota motor vehicle to the wife and indemnify her from related liabilities. Conversely, the wife was to transfer her shareholding in W Pty Ltd to the husband and resign from any company office, with the husband indemnifying her from company-related financial liabilities. In the event of the husband's default in payment, the A Street property was to be sold, with proceeds applied first to mortgages, then to the wife's payment, sale expenses, and any balance to the husband. The husband was also to meet all property expenses pending sale. Each party was otherwise entitled to retain their personal property, including superannuation entitlements. Liberty to apply was granted for implementation or enforcement.