Higgins and Davies

In the matter of Higgins and Davies, Johns J granted leave to the parties to apply for a property settlement out of time pursuant to s 44(6)(a) of the relevant legislation. The dispute concerned the division of financial resources between the parties.

The court was required to determine the terms of a property settlement between the parties, including the distribution of funds held by B Pty Ltd, the allocation of other property, and the final determination of financial matters.

Johns J, by consent of the parties, ordered that B Pty Ltd distribute funds by first paying its fees, then paying the Wife $10,000, and dividing the remaining balance equally between the parties. The orders further stipulated that each party would be solely entitled to other property in their possession, with specific provisions for bank accounts, superannuation, insurance policies, and liabilities including credit card and taxation obligations. Joint tenancies were severed, and the parties intended the orders to finally determine their financial matters under s 90ST.