Hoskins and Hoskins

The parties to this proceeding were Mr. Hoskins (the applicant) and Ms. Hoskins (the respondent). The dispute concerned the division of property, specifically the former matrimonial home. The matter was heard by Judge O'Sullivan.

The court was required to determine how the proceeds of the sale of the former matrimonial home should be divided between the parties. Additionally, the court needed to decide the fate of a sum of money held on trust, which represented the applicant's inheritance, and to make orders regarding the division of other property and liabilities.

Judge O'Sullivan ordered that the former matrimonial home be sold. The proceeds were to be applied first to the costs of sale, then to discharge any mortgage or encumbrances. The remaining balance was to be divided with 65% to the respondent and 35% to the applicant. In the event of disagreement on the selling agent or conveyancer, the President of the Real Estate Institute would appoint them. If the parties could not agree on the method or price of sale, the selling agent would determine these aspects. The court also ordered that a sum of $126,448.80, held on trust, be retained by the applicant. Further orders specified that each party would retain other property in their possession, forego claims to each other's superannuation, retain their respective bank accounts and insurance policies, and be solely liable for liabilities in their own name or encumbering property they received. Any joint tenancies were expressly severed. All other extant applications were dismissed.