Hyde and Lineham

In the matter of *Hyde and Lineham*, Benjamin J of the Family Court of Australia considered an application concerning the division of net assets and liabilities between the parties. The dispute centred on the distribution of property, including a jointly owned property, and the resolution of financial claims between the parties.

The court was required to determine how the parties' net assets and liabilities should be divided to achieve a just and equitable distribution. This involved considering the disposition of a property located at B Street, Suburb C, including the discharge of a mortgage held by MyState Financial Limited, and the payment of a sum of money from one party to the other. The court also had to address the potential sale of the property if the respondent could not secure finance to discharge the mortgage, and the subsequent distribution of sale proceeds.

Benjamin J ordered that the respondent discharge the mortgage on the property and pay $3,000 to the applicant within thirty days. Upon compliance, the applicant would relinquish her interest in the property. If the respondent failed to obtain finance, the parties were to agree on the sale of the property within fourteen days, failing which an independent determination of the selling agent, price, and method would be made. The proceeds of sale were to be applied first to sale costs, then the outstanding mortgage, legal costs of sale, outgoings, a $3,000 payment to the applicant, and the balance to the respondent. Each party was to retain their respective motor vehicles, superannuation, and personal effects. Leave was granted for the respondent to apply to vacate these orders within twenty-eight days.