KADER & KADER

In the matter of *Kader & Kader*, heard by Judge Harman, the court was required to determine the financial relationship between the parties and make orders for the division of their property. The proceedings concerned the division of assets and liabilities following the breakdown of the marriage, with a particular focus on two properties, Property B and Property E, and associated mortgages.

The court was tasked with determining the specific orders for the transfer of property interests, the discharge of mortgages, and the payment of a sum of money from the husband to the wife. Crucially, the court also had to establish the consequences and procedures should either party fail to comply with the stipulated orders within the prescribed timeframe, including provisions for the sale of properties and the disbursement of sale proceeds.

The court's reasoning led to a comprehensive set of orders designed to finalise the financial relationship between the parties, in accordance with section 81 of the *Family Law Act 1975*. These orders mandated the husband to pay a sum of $121,472 to the wife, which included a property adjustment and costs, and to transfer his interest in Property E to the wife. Simultaneously, the wife was to transfer her interest in Property B to the husband. Both parties were required to refinance and discharge existing mortgages on the respective properties, with provisions for indemnification. In the event of non-compliance by either party within 35 days of the reissued orders (7 November 2016), specific mechanisms were put in place for the sale of Property B or Property E by private treaty, or by public auction if necessary, with detailed procedures for the distribution of sale proceeds. The court also appointed a Registrar to execute documents if a party refused to do so, and each party was to retain their personal property and assets held in their sole name.