Lynch and Kershaw and Ors

In *Lynch and Kershaw and Ors*, heard by Judge Terry, the dispute concerned the division of property between a husband and wife. The proceedings also involved a third respondent, Ms Kershaw, in relation to her interest in a property. The court was required to make declarations regarding ownership of various assets and to make orders for the payment of money and the sale of property.

The primary legal issues before the court were the characterisation of Ms Kershaw's interest in Property J2, the distribution of sale proceeds from Property B, the quantum of a payment to be made by the husband to the wife, and the appropriate security and enforcement mechanisms for that payment. The court also had to determine the ownership of a vehicle and to make general declarations concerning the remaining assets and superannuation of the parties.

The court declared that Ms Kershaw held her interest in Property J2 on trust for the husband, pursuant to section 78 of the *Family Law Act 1975*. It ordered that money held from the sale of Property B was to be paid to the wife. The husband was ordered to pay a sum of $262,173.00 to the wife within 42 days, with injunctions granted restraining the husband from dealing with his business interests and Ms Kershaw from dealing with Property J2 until this payment was made. If the husband failed to make the payment, Property J2 was to be sold, with the wife appointed trustee for sale, and the proceeds to be applied first to sale costs, then to discharge a mortgage, then to pay the wife the ordered sum plus interest, with any balance to be paid as directed by the husband or Ms Kershaw. The wife was declared the owner of a specified vehicle, and otherwise, the parties were declared owners of their respective assets and superannuation. Finally, pursuant to section 106A of the *Family Law Act*, a Registrar was appointed to execute documents on behalf of any party who failed to do so.