Landers and Crease (Final Judgment and Corrigendum)

This matter concerned a property dispute between Ms Landers (the Wife) and Mr Crease (the Husband) before Benjamin J of the Family Court of Australia. The core of the dispute involved the division of assets and liabilities, including the sale of jointly owned properties, the winding up of two businesses, and the distribution of superannuation entitlements. The proceedings also addressed various other assets and debts held individually by the parties.

The court was required to determine the appropriate distribution of the parties' property interests, considering their respective contributions and financial circumstances. Key issues included the valuation and sale of specific real estate, the settlement of outstanding business liabilities, the allocation of debts owed to third parties and financial institutions, and the division of superannuation funds. The court also had to address the transfer of specific assets and the finalisation of personal debts.

In reaching its decision, the court ordered the sale of two specified properties, with the proceeds to be applied towards various expenses, business liabilities, and encumbrances before distribution. The net proceeds were to be divided with 72.5% to the Wife and 27.5% to the Husband. The parties, in their capacities as directors, were directed to manage the winding up of their businesses, prioritising tax liabilities, specific debts, and accounting fees. The court also made detailed orders regarding the transfer of specific assets, including vehicles and business equipment, between the parties and the finalisation of superannuation entitlements.

The final orders stipulated that the Wife would pay the Husband a sum of $182,785 within 30 days. The parties were to relinquish claims to certain assets in favour of the other, with each party becoming solely entitled to property in their possession and solely liable for their personal debts. All outstanding applications, except for costs, were dismissed, and the matter was removed from the list of cases requiring determination. A corrigendum was subsequently issued to correct specific monetary figures and clarify certain liabilities within the judgment.