Godfrey and Godfrey

This matter concerned orders made by consent between a husband and wife, presided over by Young J. The dispute revolved around the division of property and the resolution of financial and other relationships between the parties. The orders sought to finally determine these matters and avoid further proceedings.

The court was required to determine the terms of the consent orders, which addressed the distribution of sale proceeds from former marital property, the transfer of interests in specific real estate, the indemnification of liabilities, the exchange of chattels, and the respective entitlements to other property, including superannuation. The orders also dealt with the occupation and mortgage of a property, the severance of joint tenancies, and the discharge of extant applications and reserved costs.

The court, by consent of the parties, made orders that included the distribution of sale proceeds from a former property, with a specified sum to be paid to the husband's solicitors and the balance, including accrued interest, to the wife. The husband was also ordered to withdraw a caveat and transfer his interest in a property known as the "C property" to the wife, who in turn was to indemnify him against the mortgage and outgoings for that property. Further orders stipulated the wife's sole right to occupy the C property pending transfer, her responsibility for mortgage instalments and outgoings during that period, and the refinancing of the mortgage within 180 days if she retained the property. The parties were to exchange chattels according to specified lists, and each was to be solely entitled to other property in their possession, with joint tenancies severed. Each party was to bear their own costs, and all extant applications were dismissed. The court noted the parties' intention for these orders to finally determine their financial and other relationships and to enter into a Binding Financial Agreement regarding maintenance.