Hillman and Hillman (No 2)

In *Hillman and Hillman (No 2)*, Baumann J of the Family Court of Australia made final property orders following further submissions on the form of those orders. The dispute concerned the division of property between the husband and wife.

The court was required to determine the specific terms of the final property orders, including the payment of a sum of money from the husband to the wife, the discharge of a mortgage on a property located in Suburb VV, Queensland, and the transfer of interests in that property. The court also needed to establish a protocol for the sale of the Suburb VV property in the event of default, including provisions for listing price, agent selection, auction procedures, and the distribution of sale proceeds. Further issues included the allocation of specific assets and debts to each party, the division of joint bank accounts, and the responsibility for capital gains tax and other costs associated with the property division.

The court's reasoning, as reflected in the orders, involved a detailed allocation of assets and liabilities. The husband was ordered to pay $160,000 to the wife and to discharge the mortgage on the Suburb VV property, or refinance it to extinguish the wife's liability. Contemporaneously, the wife was to transfer her interest in the property to the husband, who was to indemnify her for all ownership costs. A comprehensive sale protocol was established for the Suburb VV property, including a listing price, agent selection process, and detailed provisions for sale by private treaty or public auction, with escalating price reductions if the property remained unsold. Specific assets, such as shares, furniture, superannuation, bank accounts, and motor vehicles, were allocated to each party. The court also addressed responsibility for certain debts and the division of joint bank accounts, with a mechanism for court intervention under section 106A of the *Family Law Act 1975* (Cth) in the event of non-compliance.

The court made final property orders consistent with its reasons for judgment. These orders included the husband paying $160,000 to the wife and discharging the mortgage on the Suburb VV property by 22 January 2021. The wife was to transfer her interest in the property upon the husband's compliance. The orders also detailed a sale protocol for the Suburb VV property if the husband defaulted, and specified the distribution of sale proceeds. Various other assets and debts were allocated to each party, and provisions were made for the division of joint accounts and the payment of costs. A Registrar was appointed to execute documents in the event of non-compliance.