Kilkenny and Kilkenny and Ors

This matter concerned proceedings between a husband and wife, C Kilkenny and L Kilkenny, before Judicial Registrar Loughnan. The dispute involved the division of property and the disbursement of funds held by a building society and a solicitor.

The court was required to determine how the funds held by the Newcastle Permanent Building Society and in the trust account of solicitor Mark Evans should be disbursed between the parties. Additionally, the court needed to declare the respective entitlements of the husband and wife to all other property, including bank accounts and superannuation entitlements, and to address the dismissal of their respective applications for final orders.

Judicial Registrar Loughnan ordered that the funds held with the Newcastle Permanent Building Society be disbursed with 57% to the wife and the balance to the husband. The court also directed that funds held by solicitor Mark Evans on behalf of both parties be disbursed to the wife or at her direction. The court declared that specific accounts with the Newcastle Permanent Building Society contained the individual funds of the husband and wife respectively. Furthermore, all other property was to be held by each party to the exclusion of the other, with bank accounts deemed to be in the possession of the person whose name appeared on the record and superannuation entitlements attributed to the worker whose circumstances gave rise to the entitlement. Each party was to indemnify the other against any liabilities encumbering their respective property. The wife's Amended Initiating Application and the husband's Response to an Application for Final Orders were otherwise dismissed. In the event of non-compliance, a Registrar was appointed to execute necessary documents.