Hewitt and Corbett and Anor

This matter concerned the division of property and financial resources between a husband and wife, heard by Judge Kemp. The dispute involved the former matrimonial home, funds held in a controlled moneys account, and various other assets and liabilities. The court was required to make orders concerning the transfer and sale of the former matrimonial home, the distribution of sale proceeds, the release of certificates of title, and the payment of costs.

The court's reasoning focused on achieving a just and equitable division of the parties' financial resources. It applied principles of property settlement under the *Family Law Act 1975* (Cth) to determine the respective entitlements of the husband and wife. The orders reflect a detailed allocation of responsibilities and entitlements, including provisions for the sale of the former matrimonial home, the deduction of specific expenses from the sale proceeds, and the distribution of the net proceeds in a specified percentage split between the parties. The court also made orders regarding the husband's ongoing obligations for the matrimonial home pending its sale and the retention of personal property and sole-name assets by each party.

The final orders directed the husband and wife to cooperate in releasing funds and transferring the former matrimonial home to the wife for sale. The wife was empowered to sell the property and deduct specified expenses from the proceeds before distributing 34.1% to herself and 65.9% to the husband. The husband was ordered to vacate the home within 30 days and to remove a caveat from the title. The court also made detailed provisions for the payment of costs, with the husband to pay the wife's costs, to be deducted from his share of the sale proceeds if unpaid. The Registrar of the Court was appointed to execute documents if a party refused to do so, and leave was granted for parties to approach the court for implementation of the orders.