HOGAN & MALLORY

This matter concerned proceedings between a husband and wife regarding property settlement. The wife had disengaged from the proceedings, leading to the trial proceeding on an undefended basis. The court was required to determine whether procedural fairness had been afforded to the wife and, if so, to make orders for the just and equitable adjustment of the parties' property interests.

The court considered the wife's contributions to the marriage and the parties' respective financial positions. It found that the husband's overall contributions outweighed those of the wife. The court also noted that the parties would retain their own superannuation interests, which were of relatively equivalent value.

The court ordered that the husband pay the wife a sum of $136,782 within 60 days, in consideration of which the husband would become the sole legal and beneficial owner of the parties' former matrimonial home. The husband was also to indemnify the wife against all outgoings and liabilities relating to the property. In the event of non-compliance, the property was to be listed for sale, with specific provisions for private treaty and auction if necessary, and the proceeds to be applied first to sale costs and encumbrances, with the balance divided 70 per cent to the husband and 30 per cent to the wife. The court also made orders regarding the division of shareholdings in various companies and units in a trust, with each party declared the sole owner of certain assets and to be solely liable for associated debts. The Registrar of the Family Court was empowered to execute documents on behalf of a party in default.