JOHNSON & FINLEY

In the matter of JOHNSON & FINLEY, Johns J of the Family Court of Australia considered an application for property orders between the Applicant and the Respondent. The dispute concerned the division of the parties' assets and liabilities, including their former cohabitational home.

The court was required to determine the terms of the property settlement between the parties, including the payment of a sum of money, the transfer of interests in real property, and the discharge and refinancing of a mortgage. The court also had to consider the consequences of non-payment within a specified timeframe, including the potential sale of the property.

The court made orders by consent of the parties. Pursuant to s 44(6) of the Family Law Act 1975 (Cth), the parties were granted leave to apply for property orders. The consent orders provided for the Applicant to pay the Respondent $15,000 within thirty days, contemporaneously with which the Respondent would transfer her interest in the former cohabitational home to the Applicant. The Applicant was to discharge the existing mortgage and refinance it, assuming sole responsibility and indemnifying the Respondent. Until payment, the Respondent was to have sole occupation of the property, with shared responsibility for mortgage instalments and rates, and sole responsibility for other outgoings. The orders stipulated that if the payment was not made within 30 days, the property would be sold out of court, with proceeds applied first to sale costs, then to discharge the mortgage, then to the Respondent for the outstanding payment plus interest, and finally the balance to the Applicant. The orders also addressed the parties' respective entitlements to other property, superannuation, liabilities, and the severance of any joint tenancies, with the intention of finally determining their financial relationships.