HAWKE & KEMP

The case of *Hawke & Kemp* involved a dispute between the parties concerning property settlement. Austin J of the Family Court of Australia was required to determine the division of assets and liabilities between the parties.

The central legal issues before the court were how to effect a property settlement pursuant to Part VIIIAB of the *Family Law Act*, including the distribution of monies held in trust, the transfer of specific real property, and the allocation of responsibility for debts and taxes. The court also needed to consider mechanisms for enforcing its orders, including the appointment of the Registrar to execute documents if necessary.

Austin J ordered that monies held on trust by the applicant's solicitors be disbursed equally to the parties. The applicant was ordered to pay the respondent $204,654 within three months as a property settlement. In default of this payment, the applicant was directed to list three specified parcels of real property for sale by public auction within six weeks. The court provided detailed provisions for the conduct of these sales, including the applicant's choice of agent and solicitor, and the process for unsold properties. Upon completion of sales, proceeds were to be applied first to sale costs and outstanding rates, then to the respondent's settlement amount with accrued interest, and the balance to the applicant. Each party was declared the sole owner of other assets in their possession and solely liable for associated debts and any capital gains tax arising from property sales. The Registrar was empowered to execute documents on behalf of either party if they refused to do so. Costs were reserved for 28 days, and all other outstanding applications were dismissed.