HOWLES & HOWLES

This matter concerned an application by the husband and wife for final property orders in the Family Court of Australia. The dispute revolved around the division of their matrimonial assets and liabilities.

The court was required to determine how the parties' property, including their former matrimonial home and a joint bank account, should be divided. It also needed to address the discharge of a mortgage on the former matrimonial home and the allocation of specific costs.

Fowler J ordered the husband to pay a sum of $180,821.77 to the wife and to transfer his interest in the former matrimonial home to her. Contemporaneously, the wife was to discharge the mortgage on the home or remove the husband as a mortgagee and indemnify him. The husband was also ordered to transfer his interest in a joint bank account to the wife. Costs associated with a forensic accounting report were to be shared equally. In the event the wife failed to comply with the mortgage discharge order, the former matrimonial home was to be sold, with proceeds applied first to sale costs, then to discharge the mortgage, and the balance to the wife. The Registrar was appointed to execute documents if either party refused to do so. Leave was granted to restore the matter on notice for difficulties concerning the sale of the home.