Hicks and Hicks

The case of *Hicks and Hicks* concerned a dispute between an applicant husband and a respondent wife regarding the division of their property. The matter came before Judge Monahan.

The court was required to determine the terms of property settlement between the parties, including the payment of a sum of money by the wife to the husband and the disposition of their jointly owned property. The court also needed to address the ongoing financial responsibilities related to the property until its sale, and the division of other assets, liabilities, and debts.

Judge Monahan ordered the respondent wife to pay the applicant husband $30,000 within 42 days, with interest accruing thereafter. In the event of default, the property was to be sold, with the proceeds first covering sale costs, then the $30,000 sum to the husband, and any remainder to the wife. Until sale, the wife was to continue paying mortgage instalments, rates, and levies, and clear any arrears. Other assets and liabilities were to remain with the party in possession or in whose name they were held. The court also made provision for a Registrar to execute documents if a party failed to do so, and ordered no costs.