LAVAN & VIEN

The proceedings involved a dispute between Lavan and Vien concerning property orders under s 79 of the *Family Law Act 1975* (Cth). Both parties sought orders for the division of their property. The court granted leave for the proceedings to be commenced more than 12 months after the divorce order took effect, as both parties consented and would suffer hardship if leave were not granted, given their inability to separate their financial relationship without court intervention.

The primary legal issues before the court were the division of the parties' agreed and disputed assets and liabilities, and the determination of the appropriate percentage split of the net property pool. The parties largely agreed on the value of certain assets, including two properties, a company, and a motor vehicle, as well as some liabilities such as mortgages and superannuation. However, significant disagreement existed regarding other alleged liabilities, including legal fees, personal loans, credit card usage, unauthorised transfers, and loans made by the parties' daughters to the company.

The court's reasoning, as reflected in the orders, involved a complex division of assets and liabilities. The wife was ordered to pay the husband a specific sum, and contemporaneously, the husband was to transfer his interest in two properties and shares in a company to the wife. The wife was also tasked with refinancing the mortgages on these properties and indemnifying the husband against associated liabilities. The husband was to vacate the properties upon payment, and the wife would then have sole possession. The husband was declared to have sole interest in a specific investment or loan, and entitled to sole ownership of a motor vehicle. The wife was ordered to indemnify the husband against liabilities for loans from their daughters to the company. Further orders stipulated that each party would retain their superannuation and other property not specifically dealt with, with joint bank account funds becoming the wife's property, and insurance policies remaining with their respective owners. In the event of non-payment by a specified date, the property at Property N was to be sold, with proceeds applied first to sale costs, then to discharge mortgages, then to satisfy the outstanding payment to the husband with interest, and any balance to the wife.