Henson and Kendall and Anor

In *Henson and Kendall and Anor*, Watts J of the Family Court of Australia made orders concerning the division of property and the dissolution of a partnership between the parties. The dispute involved the husband and wife, and a second respondent, Mr Kendall (Snr), in relation to various assets, including a controlled monies account, partnership interests, and real property.

The court was required to determine how the assets of the marriage should be divided, including specific orders regarding a controlled monies account, the dissolution of the Kendall and Henson partnership, and the ownership of a property identified as "R property". Further issues included the allocation of responsibility for existing debts and the resolution of claims between the parties and the second respondent.

Watts J applied section 79 of the Family Law Act to make orders for the division of property, directing that a sum of $50,000 from a controlled monies account be paid to the husband, with the balance to the wife. The court also ordered the dissolution of the Kendall and Henson partnership, declaring no sum due to the husband, D Pty Limited, or Mr Kendall (Snr). The parties were to retain their respective assets, with specific provisions for the wife to be responsible for her debts and the husband for his debts, including mutual indemnities. Crucially, pursuant to section 78 of the Family Law Act, the court declared that "R property" was the property of the second respondent, Mr Kendall (Snr), and that the wife was not indebted to him, with the husband indemnifying the wife against any future claims by Mr Kendall (Snr). The orders also included a provision for the Registrar to execute documents if a party refused to do so.