Mateus and Angus

This matter concerned orders made by Judge Betts in the Federal Circuit Court of Australia, dealing with the division of property between the applicant, Ms Angus (the wife), and the respondent, Mr Mateus (the husband). The dispute centred on the sale of a jointly owned property, the distribution of its proceeds, the division of other assets and liabilities, and the treatment of superannuation entitlements.

The court was required to determine the terms of the sale of the parties' property, including the listing price, sale price, and the process for sale by private treaty or auction if agreement could not be reached. Further issues included the distribution of the sale proceeds, the allocation of specific chattels, the division of company liabilities, and the division of a superannuation fund interest in accordance with the *Family Law Act 1975* and its regulations. The court also needed to address the ongoing occupation of the property pending sale and the respective liabilities of the parties for various expenses and debts.

Judge Betts ordered the sale of the property, with specific provisions for its listing, valuation, and sale by private treaty or auction, including mechanisms for determining sale price and reserve price in the absence of agreement. The proceeds were to be applied first to discharge the mortgage and sale expenses, then to pay the wife a fixed amount, with the remaining balance to be divided equally. The husband was granted sole occupation of the property pending sale and was to meet associated expenses, while also being required to maintain the property. The court also ordered the delivery of specific chattels to the wife and allocated a portion of the wife's superannuation interest to the husband, with detailed provisions for its calculation and payment by the superannuation trustee. The orders also stipulated that each party would retain other property in their possession and be solely liable for associated liabilities, with provisions for the Registrar to execute documents on behalf of a defaulting party.