Gillard & Gillard

In the matter of *Gillard & Gillard*, Watts J of the Family Court of Australia made property settlement orders between the parties. The dispute concerned the division of assets and liabilities following the breakdown of the marriage.

The court was required to determine the appropriate division of the parties' property, including a property located at L Street, Suburb M, a company known as Gillard Pty Ltd, a 4WD motor vehicle, and various other assets and debts. The orders also addressed the resolution of a caveat lodged by the husband on the Suburb M property and an indemnity concerning a liability to a Ms N.

Watts J applied section 79 of the *Family Law Act 1975* (Cth) to make the property settlement orders. The primary order stipulated that the wife was to pay the husband $385,550 within three months. Upon this payment, the wife would receive sole title to the Suburb M property, and the husband was to withdraw his caveat. The wife was also to indemnify the husband against any liability to Ms N, and the husband was to facilitate the transfer of ownership of the 4WD vehicle to the wife. In the event of the wife's failure to make the payment, the Suburb M property was to be sold, with proceeds divided 72.46% to the wife and 27.54% to the husband after sale costs. Each party was to retain other assets in their possession and indemnify the other against existing debts. The Registrar was appointed to execute documents if a party failed to do so.