HEIDNER & HEIDNER

This matter came before Johnston J in the Family Court of Australia concerning property settlement orders between a husband and wife. The dispute involved the division of various assets, including the former matrimonial home, bank accounts, and interests in legal proceedings.

The court was required to determine the appropriate orders for the division of property pursuant to section 79 of the *Family Law Act 1975* (Cth). This involved determining the valuation and distribution of the parties' respective interests in the matrimonial home, joint bank accounts, and any claims arising from litigation involving third parties. The court also needed to establish the terms and conditions under which these assets would be transferred or sold, including provisions for payment of outstanding debts and expenses.

Johnston J ordered that the husband pay the wife a sum of $109,916 within 42 days, simultaneously with which the wife would transfer her interest in the former matrimonial home to the husband. The husband was also ordered to meet all ongoing expenses related to the property and indemnify the wife against any such costs. The wife was to transfer her interest in joint bank accounts to the husband within 14 days of receiving the necessary transfer documents. The court declared each party the sole owner of all other property in their possession. Crucially, detailed provisions were made for the sale of the matrimonial home by private treaty or auction, with specific timelines, reserve prices, and procedures for appointment of agents and solicitors, should the husband fail to make the ordered payment to the wife. The Registrar of the Family Court was appointed to sign documents if either party failed to do so.