Low and Low

In the matter of *Low and Low*, heard by Williams J, the dispute concerned the division of property between the parties. The applicant sought orders for the transfer of a property located at Suburb C, Australian Capital Territory, into her sole name, along with the refinancing of the associated mortgage. The respondent sought to retain his interests in several named proprietary limited companies, referred to collectively as "the Entities," and sought an indemnity from the applicant for any liabilities arising from these entities.

The court was required to determine how the parties' property interests, including real estate, company shares, bank accounts, personal possessions, and superannuation entitlements, should be divided. A key issue was the respondent's claim to retain his interests in the Entities and the applicant's corresponding claim for indemnity. The court also had to consider the severance of any joint tenancies and the disposition of joint bank accounts.

Williams J ordered the transfer of the Suburb C property to the applicant's sole name within 42 days, at her cost, and that she contemporaneously refinance the ANZ mortgage into her sole name. The respondent was permitted to retain his interests in the listed Entities and was ordered to indemnify the applicant for any past, present, or future liabilities arising from them. The applicant was to retain her bank accounts, personal possessions, and superannuation entitlements, save as otherwise provided. Any joint tenancies were expressly severed, and funds in joint bank accounts were to be paid to the applicant. To give effect to these orders, the court appointed an officer of the court to execute necessary documents in the respondent's name, including the transfer of the Suburb C property and the discharge of the mortgage. All extant applications were dismissed.