HANLEN & KIME

This matter concerned financial orders made by Loughnan J in the Family Court of Australia between Hanlen and Kime. The dispute involved the division of the parties' assets and liabilities, including a joint bank account, a property located in Suburb C, New South Wales, and their respective superannuation interests. The court was required to determine how these assets should be distributed and to make orders for the discharge of existing financial orders and the implementation of new ones.

The court was required to determine the specific terms of the financial settlement between the parties. This included the distribution of funds from a specific ANZ Premium Cash Management Account, the payment of a sum of money by the wife to the husband, and the potential sale of the Suburb C property if the wife failed to make the required payment. The court also had to address the division of other real and personal property, the retention of superannuation interests by each party, and the mutual release of debts and claims between them.

Loughnan J ordered the discharge of all previous financial orders. The parties were directed to distribute funds from the ANZ account within seven days. The wife was ordered to pay $428,103 to the husband within two months. If this payment was not made, the wife was required to list the Suburb C property for sale within 14 days of default. The proceeds of the sale were to be applied first to discharge the mortgage and sale expenses, then to pay rates and service accounts, and finally, $428,103 was to be paid to the husband, with the balance going to the wife. Both parties were to retain their respective superannuation interests and were to be solely entitled to other property in their possession. The court also ordered a mutual release of all debts and claims between the parties. Provisions were made for a Registrar to execute documents on behalf of a defaulting party, with the defaulting party to indemnify the other for costs incurred in procuring compliance.