Granville and Granville

This case involved a dispute between a husband and wife, Mr and Mrs Granville, concerning the division of their property. The matter came before Judge Small.

The court was required to determine the appropriate division of the parties' assets and liabilities, particularly in relation to a property known as Property A, and to make orders for the payment of a sum of money and the transfer of interests in real estate. The court also had to consider the contributions of each party to the marriage, including financial contributions, parenting, and homemaking, as well as post-separation conduct and financial dealings.

Judge Small found that the wife had made slightly greater contributions to the marriage, considering her financial contributions to the Property A mortgage even when not working, and her significant parenting and homemaking roles while the husband was working overseas. The court noted the husband's withdrawal of $90,000 from the parties' mortgage redraw facility shortly after separation, which he claimed was used to purchase a motor vehicle, with further funds borrowed from his family to cover legal fees. The court also considered evidence regarding rental income from Property A and the wife's consistent payment of her share of mortgage expenses.

The court ordered that the wife pay the husband a sum of $111,187 within 60 days. Contemporaneously, the husband was to transfer his interest in Property A to the wife at her expense, and the wife was to indemnify the husband against all rates, taxes, and outgoings for that property. The wife was also to repay the ANZ Bank loan and discharge the associated mortgage. In the event the wife failed to make the payment by the due date, Property A was to be placed on the market for sale, with the proceeds distributed first to sale costs, then to discharge any encumbrances, then to the husband for the outstanding payment plus interest, and the remainder to the wife. The wife was granted sole occupation of Property A pending the transfer or sale and was responsible for all associated expenses. The court also made detailed orders regarding the retention of other assets and liabilities by each party, including specific properties, shares, bank accounts, superannuation entitlements, and various debts.