Guan and Guo

This matter concerned orders made by Judge Harland regarding the property settlement between the parties, Mr. Guan and Ms. Guo. The dispute centred on the distribution of proceeds from the sale of Property A, the management of anticipated Capital Gains Tax (CGT) on Property B, and other related property matters including Property C.

The court was required to determine how the balance of the proceeds of sale of Property A should be applied, specifically in relation to anticipated CGT on Property B, partial property settlement for each party, and the payment of mortgage instalments and rates for Property B. Further issues included the mechanism for managing and paying the CGT on Property B, the prohibition of further encumbrances on Property B without consent, and the withdrawal of a caveat lodged by the wife on Property C, subject to certain conditions. The court also addressed the dismissal of the wife's application filed on 2 May 2018.

Judge Harland ordered that $35,000 of the sale proceeds from Property A be applied towards anticipated CGT on Property B, with a detailed process for its management and payment. Each party was to receive $100,000 as partial property settlement, and the remaining balance was to be paid into a joint account for the payment of mortgage instalments and rates on Property B. The court also stipulated that neither party could further encumber Property B without the other's written consent. The wife was ordered to withdraw a caveat on Property C at her expense, provided the husband did not increase secured debt through refinancing, and she retained liberty to lodge a new caveat post-refinance. The wife's application filed on 2 May 2018 was dismissed.