KENT & SULLIVAN

In the matter of *Kent & Sullivan*, heard before Macmillan J, the parties sought final orders in relation to their financial relationship. The dispute concerned the division of property and the finalisation of financial claims between the parties.

The court was required to determine the terms of consent orders that would resolve the financial matters between the parties. Specifically, the court needed to address the division of real property, including a property at B Street, C Town, Victoria, and two lots at C Town Street, D Town, Victoria. The orders also needed to provide for a monetary payment, the sale of jointly owned shares, and the allocation of responsibility for various outgoings and liabilities associated with the properties. Furthermore, the court was asked to grant leave for the applicant husband to apply for orders outside the standard time period.

Macmillan J made orders by consent, reflecting an agreement between the parties to finalise their financial relationship. The applicant husband was granted leave to apply for orders under s 90SM of the *Family Law Act 1975* (Cth) after the standard application period. The orders stipulated a payment of $100,000 from the applicant to the respondent within 90 days, along with the transfer of the applicant's interest in the C Town Shop property. The applicant was to bear the expense of converting the title for this property. The applicant would retain two lots in D Town, Victoria. In the event of default by the applicant in fulfilling his obligations regarding the C Town Shop, the property at Lot E in D Town was to be sold out of court under specified terms, with proceeds applied first to sale costs, then to discharge any mortgage, then to satisfy any outstanding payment to the respondent with interest, and finally, any balance to the applicant. Pending the transfer of the C Town Shop, the respondent was granted sole occupation and responsibility for outgoings, while the applicant was granted sole occupation of the D Town properties with corresponding responsibility for outgoings. The parties were also to sell jointly owned shares in ANZ and HSK, with the proceeds to be shared equally. The orders further provided for each party to retain property in their possession, with specific exceptions, and to be solely liable for any encumbrances. Each party also agreed to forego claims to superannuation, long service leave, and other employment entitlements, as well as any claims to inheritances. Joint bank accounts were to be divided equally and closed. The court noted that pursuant to s 90ST of the *Family Law Act 1975*, the parties intended these orders to finalise their financial relationship as far as reasonably practicable. All extant applications were dismissed, and the matter was removed from the list.