MACNAB & MACNAB

This matter concerned an application for property settlement between the applicant wife and the respondent husband. The proceedings were undefended, with the respondent husband not appearing before Judge Scarlett. The court was required to determine the contributions of the parties and consider adjustments for matters under section 75(2) of the *Family Law Act 1975* (Cth).

The court's reasoning involved the division of various assets, including the former matrimonial home (Property R), another property (Property D), and an overseas property. The orders stipulated that the wife would receive the Property R property, while the husband would receive the Property D property and the overseas property, subject to certain conditions. The parties were to indemnify each other against existing mortgages and liabilities on the properties they were to receive. Specific cash amounts were to be retained from a joint bank account by each party. The court also addressed the division of motor vehicles, personal chattels, and superannuation entitlements, with each party to be solely liable for liabilities in their own name.

In relation to costs, the respondent husband was given an opportunity to show cause why he should not be ordered to pay the wife's costs. The application for costs was adjourned for further mention. The court also made orders regarding the conduct of sales in the event of non-compliance with refinancing obligations, and appointed a Registrar to execute documents on behalf of the husband if he failed to do so. An application for adult child maintenance was adjourned for further mention, with directions for the filing of affidavits.