Kendrick and Barnwell (No 2)

This matter came before Forrest J of the Family Court of Australia concerning the division of property between the applicant, Kendrick, and the respondent, Barnwell. The dispute involved the allocation of various real estate holdings, bank accounts, motor vehicles, superannuation entitlements, and interests in legal entities.

The court was required to determine how the parties' accumulated assets and liabilities should be divided between them. This involved considering the nature and value of each asset and liability, and making orders for their distribution, including any necessary financial adjustments between the parties. The court also had to address the tax implications and stamp duty liabilities arising from the property transfers.

Forrest J made orders for the division of property, with the applicant retaining specific real estate, bank accounts, a motor vehicle, and his superannuation entitlements, along with all other property in his possession. The respondent was ordered to retain other real estate holdings, interests in various legal entities, her bank accounts, superannuation, and all other property held in her name. Crucially, the respondent was ordered to pay the applicant a sum of $1,049,550 by a specified date and to indemnify the applicant against a particular debt owed to the Barnwell Unit Trust. Further orders stipulated that each party would be solely responsible for their respective debts and liabilities, including taxation liabilities arising from the property transfers, and that stamp duty would be paid by the transferee party. The court also appointed a Registrar to execute documents if either party failed to comply with the orders.