Kempton and Kempton

This matter concerned orders made by Judge Altobelli in the Federal Circuit Court of Australia concerning the division of property between a husband and wife. The primary dispute revolved around the valuation and disposition of a property held by the parties.

The court was required to determine the mechanism for valuing the disputed property, the method by which the husband's interest in the property would be satisfied, and the consequences should the wife be unable to meet the payment obligations. Further issues included the severance of the joint tenancy, the allocation of responsibility for property outgoings, and the final division of all other assets and liabilities between the parties.

The court ordered that if the parties could not agree on the property's value within seven days, it was to be determined by a licensed real estate valuer. The wife was then to pay the husband 25% of this valuation within 90 days, in exchange for which the husband would transfer his interest in the property to her. If the wife could not make this payment, the property was to be placed on the market for sale by private treaty at the valuation price. Should a sale not occur within three months, the property was to be sold by public auction, with specific provisions for the appointment of an auctioneer, the setting of a reserve price, and the distribution of sale proceeds. The court also ordered the severance of the joint tenancy, with the wife to hold a three-quarter share and the husband a one-quarter share as tenants-in-common. The wife was to be solely responsible for all property outgoings. All other assets and financial entitlements were to remain with the party in whose name they were held. The court further provided for the appointment of a court officer to execute documents if either party failed to comply with the orders, and granted liberty to apply.