LING & CHANG

The matter of *Ling & Chang* concerned orders made by Dessau J in the Family Court of Australia. The dispute involved the division of property and the resolution of financial relationships between the Applicant and the Respondent. The orders detailed a comprehensive scheme for the transfer of real property, the refinancing of mortgages, the payment of a specific sum to a third party, and the management and sale of subdivided land.

The court was required to determine the terms of consent orders that would finally resolve the financial and other relationships between the parties. This involved establishing clear obligations for the transfer of interests in various properties, including a property at Suburb C and a property at Suburb E, as well as a property at Suburb J which was to be subdivided. The orders also addressed the transfer of interests in the Chang Family Trust and its corporate trustee, K Pty Ltd, and the allocation of proceeds from the sale of subdivided lots.

The reasoning of the court, as reflected in the consent orders, was to achieve a final and comprehensive settlement of the parties' affairs. The orders meticulously outlined the steps each party was to take, including specific timeframes and responsibilities for costs and liabilities. The court applied principles of property division and financial settlement, ensuring that each party's entitlements and obligations were clearly defined. The orders also included provisions for the appointment of the registrar to execute documents if a party failed to comply, and for the parties to retain their respective motor vehicles and other property in their possession, thereby severing joint tenancies and foregoing claims to superannuation benefits.

The final orders provided for the transfer of specific properties, the refinancing of associated mortgages, and the payment of a sum of $137,000 to a Mr H. The parties were to cooperate in the subdivision and sale of the Suburb J property, with the Applicant having significant control over the sale process and the distribution of proceeds. The Applicant was to receive 75% and the Respondent 25% of the net proceeds, with provisions for either party to elect to retain lots in lieu of their cash entitlement. The Respondent was to transfer his interest in the Chang Family Trust and K Pty Ltd to the Applicant, who in turn would indemnify him against all liabilities of the Trust and the Company. The orders were intended to finally determine the parties' financial and other relationships, with the Respondent having 14 days to apply to set them aside.