MADDOX & MERZ

This matter concerned orders made by Judge Altobelli in the Federal Circuit Court of Australia, relating to financial matters between a husband and wife. The dispute involved the division of property and the payment of legal costs.

The court was required to determine the terms of the property settlement, including the payment of specific sums of money by the husband to the wife, and the process for the sale of a property known as "the home". Further issues included the allocation of responsibility for the home's outgoings pending its sale, and the final division of all other property between the parties. The court also needed to address the consequences of non-payment and the mechanism for executing necessary documents.

Judge Altobelli ordered the husband to pay a total of $69,382.60 to the wife's solicitors within specified timeframes. In the event of non-payment, the full amount would become due with interest, and the home was to be sold. The sale was to proceed by private treaty for three months, with provisions for agent selection and listing price. If not sold, it was to be auctioned, with further auctions to occur every three months until sold. The proceeds of sale were to be applied first to sale costs, then rate adjustments, then the wife's legal costs, and finally the balance to the husband. The husband was also ordered to be responsible for all outgoings related to the home until its sale and to cooperate fully in the sale process. All other property was to be divided according to its possession, with each party solely liable for any liabilities associated with their allocated property. The Registrar of the Federal Circuit Court was empowered to sign documents on behalf of a party who failed to do so within seven days of a written request.