Haggerty and Parry

This matter concerned the division of matrimonial property between the wife and the husband, with Judge Brown presiding. The dispute involved the sale of several properties, including specific industrial land and the former matrimonial home, as well as the distribution of net proceeds after accounting for selling costs, capital gains tax, and outstanding mortgage payments. The orders also addressed the transfer of a motor vehicle, the wife's superannuation entitlement, and the wife's resignation from and transfer of her interests in various business entities.

The court was required to determine the terms of settlement for all claims arising from the matrimonial property dispute. This included the method and conditions for the sale of multiple properties, the allocation of capital gains tax liabilities, and the distribution of the net proceeds between the parties. Further issues included the husband's responsibility for ongoing expenses related to the former matrimonial home pending its sale, the transfer of the wife's superannuation, the transfer of a motor vehicle to the wife, and the wife's complete divestment of her interests in various business entities, along with associated indemnities for the husband. The court also had to consider the wife's application for spousal maintenance and any other outstanding applications.

Judge Brown ordered the discharge of all existing injunctions and stipulated that the parties were to cooperate in the sale of specified properties, with the court to determine terms if agreement could not be reached. Upon sale, capital gains tax was to be paid, followed by mortgage liabilities. The net proceeds were to be divided with the wife receiving 50% plus $37,343.50, and the husband receiving 50% less $37,343.50. The husband was to cover all expenses for the former matrimonial home until its sale. The wife's superannuation was to be rolled over, and a motor vehicle was to be transferred to her. The wife was to resign from and transfer all her interests in specified business entities to the husband, who would indemnify her against future tax liabilities and past liabilities related to her involvement. Each party was declared solely entitled to property and chattels in their possession, and the wife's application for spousal maintenance was dismissed, as were all other applications, with liberty to apply for consequential orders.