Hughes and Hughes

In the matter of Hughes and Hughes, Dessau J of the Family Court of Australia considered an application concerning the division of property. The dispute arose between a husband and wife, with the court making orders regarding the wife's disposition of proceeds from the sale of real property registered in her name.

The court was required to determine how the proceeds of the sale of the wife's property should be managed and to what extent the husband should be notified of and have a say in subsequent transactions. Specifically, the court addressed the priority of payments from the sale, the nature of investments or bank accounts that could be established with the balance, and the conditions under which the wife could deal with these subsequent assets.

Dessau J ordered that upon the sale of the wife's property, the proceeds were to be applied first to sale costs and expenses, then to repaying any outstanding mortgage. The remaining balance was to be placed in a bank account in the wife's name or used to acquire another property or investment. The wife was ordered to notify the husband of these transactions and was restrained from dealing with any subsequent property, investment, or bank account without providing at least 28 days' written notice to the husband's solicitor. The husband's and wife's applications were dismissed, and costs were reserved to the Trial Judge.