Harradine and Michaels

The parties to this matter were Harradine (Applicant Mother) and Michaels (Respondent Father), and the dispute concerned property and spousal maintenance. The orders were made by Gill J in the Family Court of Australia.

The court was required to determine the terms of consent orders to finally determine the financial relationship between the parties, discharging all previous orders and dismissing extant applications relating to property and spousal maintenance. The orders also addressed the payment of specific sums by the Husband to the Wife, the consequences of default including the transfer and sale of a property, and the occupation and outgoings of that property pending payment or sale. Further issues included the return of a motor vehicle, the Husband's sole entitlement to certain companies and trusts, and provisions for the appointment of the Registrar to execute documents in case of default.

The court applied the principles of the *Family Law Act 1975*, particularly section 106A regarding the appointment of the Registrar to execute documents, and section 90ST concerning the final determination of the financial relationship between the parties. The orders were made by consent, reflecting an agreement between the parties to finally resolve their financial matters and avoid further proceedings. The court also noted that the Applicant Mother had received an interim property payment and that the Respondent Father had agreed to a payment in excess of what he might otherwise have been obligated to pay, in the hope that the Applicant Mother could purchase a property.

By consent, all previous orders and extant applications concerning property and spousal maintenance were discharged and dismissed. The Husband was ordered to pay the Wife $10,000 within five days and a further $65,000 within sixty days. Default in payment triggered provisions for the transfer and sale of a property, with proceeds to be applied to costs, encumbrances, outstanding payments with interest, and the balance to the Husband. The Husband was granted sole occupation of the property pending the second payment or sale, with obligations to pay mortgage instalments and outgoings. The parties were prohibited from encumbering the property without consent. The Applicant Mother was to return a motor vehicle within ten days of receiving the first payment, and the Respondent Father was to continue loan repayments on that vehicle until its return. The Respondent was solely entitled to various companies and trusts. Provisions were made for the Registrar to execute documents upon default and for the defaulting party to pay costs. Each party was to be solely entitled to property in their possession, forgo claims to superannuation, and be solely liable for liabilities encumbering their respective properties. Joint tenancies were severed. The orders were intended to finally determine the financial relationship between the parties. Parenting matters remained outstanding.