Hoyer and Gallagher

In *Hoyer and Gallagher*, heard before Judge Jones, the dispute concerned the division of property and the allocation of liabilities between the parties. The applicant sought orders for the transfer of certain funds and indemnities, while the respondent sought to retain specific vehicles and also sought indemnities.

The court was required to determine the appropriate distribution of assets and liabilities, including the allocation of loan liabilities and the transfer of sale proceeds from a property. A key issue involved the application of section 128 of the *Evidence Act 1995* (Cth) concerning the admissibility of evidence.

Judge Jones reasoned that a certificate under section 128 of the *Evidence Act 1995* was necessary in respect of specific evidence provided by both parties, thereby allowing its consideration. The court ordered the transfer of funds held from the sale of Property P to the applicant, while the applicant was to bear the liability and indemnify the respondent for the omitted loan. Furthermore, the applicant was ordered to indemnify the respondent for any debts in the respondent's name, and the respondent was to retain the Toyota Land Cruiser and Commodore Utility vehicles. Conversely, the respondent was ordered to indemnify the applicant for any debts in the applicant's name. All other outstanding applications were dismissed.