Harry and Harry

In the matter of *Harry and Harry*, Watts J of the Family Court of Australia considered an application for property settlement between a husband and wife. The dispute concerned the division of assets and the terms of payment of a sum to the wife.

The court was required to determine the appropriate orders for property adjustment under section 79 of the *Family Law Act 1975* (Cth). This involved deciding the quantum of a lump sum payment to be made by the husband to the wife, and the mechanism for its enforcement, including the potential sale of a jointly owned property. The court also needed to consider ancillary orders regarding the restraint of encumbrances on the property and the appointment of the Registrar to execute documents if necessary.

Watts J ordered that the husband pay the wife a sum of $41,911 within two months. In the event of non-payment, the property at N, NSW was to be sold by private treaty, with sale costs deducted, 49.3 per cent of the remaining proceeds to be paid to the wife, and the balance to the husband. The husband was restrained from encumbering the property until the payment was made. The court also made orders regarding the parties' entitlement to other property in their possession and appointed the Registrar to execute documents if either party refused to do so.