Kee and Kee

In *Kee and Kee*, Judicial Registrar Johnston was required to make orders concerning the division of property between a husband and wife. The dispute centred on the distribution of the former matrimonial home, a business, motor vehicles, and other assets, as well as the discharge of a mortgage and an indemnity relating to a loan.

The court was tasked with determining how the parties' respective interests in the former matrimonial home, a business known as S Business, two motor vehicles, and other property and superannuation should be divided. Further issues included the release of the home as security for a company overdraft and the indemnification of the husband by the wife in relation to a loan from the wife's brother.

Judicial Registrar Johnston applied the principles of property adjustment under s. 79 of the relevant Act. The orders reflect a division where the wife received the former matrimonial home, subject to her discharging the existing mortgage, and retained her motor vehicle. The husband retained his interest in the business, his motor vehicle, and was to release the home from any security it provided for the company's overdraft. The wife was also ordered to indemnify the husband regarding a loan from her brother. Provisions were made for the execution of necessary documents, including the appointment of a Registrar to execute documents in default, and the orders were to commence operation on a specified date.