Jansson and Olberg

These orders were made by Judge Newbrun in the Family Court of Australia, concerning the alteration of property interests between Ms Jansson and Mr Olberg pursuant to Section 79 of the *Family Law Act 1975* (Cth). The primary dispute revolved around the division of assets, including a property, a superannuation fund, and various personal belongings, as well as the allocation of liabilities.

The court was required to determine the specific terms for the transfer of property, the payment of a sum of money between the parties, and the distribution of proceeds should the property need to be sold. Further issues included the division of superannuation interests, the allocation of ownership of personal chattels and savings, and the finalisation of the parties' financial relationship. The court also had to address the mechanism for resolving disputes regarding the sale price of the property and the procedures to be followed if the property was not sold within specified timeframes.

The court's reasoning, as reflected in the orders, involved a detailed allocation of assets and liabilities. Ms Jansson was ordered to pay Mr Olberg a sum of $243,966 within 42 days, at which point Mr Olberg was to transfer his interest in a property to her, and the mortgage was to be discharged and refinanced in Ms Jansson's name. Should this payment not occur, the property was to be listed for sale, with proceeds distributed according to a priority list, including payment of sale costs, the existing mortgage, a specific amount to Ms Jansson, and the remainder to Mr Olberg. The orders also established procedures for valuation and sale, including provisions for private treaty and auction sales, and outlined how the proceeds would be divided in each scenario. Additionally, a base amount of $20,000 was allocated from Mr Olberg's superannuation fund to Ms Jansson, with specific provisions for the trustee to calculate and pay this entitlement. The court declared each party the sole owner of various personal assets, savings, and employment-related entitlements, and each party was to retain their sole liabilities, indemnifying the other.

The orders declared that each party would finally determine their financial relationship, releasing each other from further claims. Ms Jansson was to pay the mortgage instalments and insurance pending transfer or sale, while Mr Olberg was to pay water rates, council rates, and electricity bills. The Registrar of the Court was appointed to execute documents if a party refused to do so. Leave was granted to relist the proceedings in the event of difficulties facilitating the orders. A notation indicated that if the parties wished to divide household contents differently, they should agree on an adjustment to the monetary orders.