Hobart and Hobart

This matter concerned the division of property between a husband and wife pursuant to Part VIII of the *Family Law Act 1975* (Cth). The court was required to make orders in full and final satisfaction of the parties' claims against each other.

The primary legal issues before the court were the sale of the former matrimonial home and the division of its net proceeds, the allocation of personal property, the responsibility for debts and liabilities, and the costs of the proceedings. The court also had to determine the terms of an injunction to prevent the husband from occupying the former matrimonial home and to restrain both parties from pledging each other's credit.

The court ordered that the former matrimonial home be sold by auction within sixty days, with the net proceeds to be divided 70% to the wife and 30% to the husband. The wife was appointed as the sole agent for the sale in the event of the husband's non-compliance. The husband was ordered to vacate the home within twenty-one days of the order and was permanently restrained from occupying it. The husband was made solely liable for repairs and maintenance, with the costs to be deducted from his share of the sale proceeds. Personal property was allocated to each party, and each was ordered to meet their own debts and liabilities, with reciprocal indemnities. The husband was ordered to pay the wife's costs. The wife's Initiating Application was dismissed.