Kouper & Kouper (No 3)

This matter concerned property settlement orders made by Murphy J pursuant to section 79 of the *Family Law Act 1975* (Cth). The parties had reached a settlement, and the court was formalising these terms.

The court was required to determine the specific orders to be made to give effect to the parties' settlement regarding their property and liabilities. This included the transfer of real property, discharge and substitution of mortgages, payment of outstanding debts, and the division of superannuation interests, chattels, and bank accounts. The orders also addressed the husband's interest in a company and the parties' respective responsibilities for their own liabilities.

Murphy J made orders reflecting the parties' agreement. The wife was to receive the real property at K, with a new mortgage to be substituted in her sole name, and the existing mortgage discharged. A specific sum was to be paid to E Chartered Accountants from a controlled money account, with the balance to be paid to the husband. Both parties were to abandon any claim to the other's superannuation interests, and generally, any property in the other's possession or name, except as otherwise specified. The husband was to abandon his interest in S Pty Ltd. Each party was to be solely responsible for their own liabilities and indemnify the other.

The orders included provisions for a contingency: if the wife was unable to obtain the new mortgage, she was to notify the husband, and both parties were to submit proposed orders to the associate of Justice Murphy. If agreement could not be reached on these proposed orders, the matter would be relisted for hearing before Justice Murphy.