Khyatt and Kelman

In the matter of *Khyatt and Kelman*, heard by Judge Lapthorn, the dispute concerned the division of property following the dissolution of a marriage. The orders indicate a disagreement regarding the distribution of funds derived from the sale of the former matrimonial home and another property, as well as the allocation of business-related liabilities and superannuation entitlements.

The court was required to determine how the proceeds from the sale of the former matrimonial home should be distributed, specifically addressing a payment to the previous owners of the "[A] business" and the subsequent release of the remaining balance to the wife. Further, the court needed to decide the disposition of funds held in trust from the sale of the "[P] Property". The husband's liability for business debts and the parties' respective claims to superannuation and other assets were also central to the determination.

Judge Lapthorn ordered that $115,000 from the trust funds of the former matrimonial home be paid to the previous owners of the "[A] business" within seven days. Upon compliance, the remaining balance of those funds was to be released to the wife. Additionally, funds held in trust from the "[P] Property" were to be released to the wife within seven days. The husband was ordered to indemnify the wife against all liabilities held in his name or by his businesses, except as otherwise provided. Finally, each party was to retain their superannuation entitlements and all other property in their possession or control, to the exclusion of the other.