Matthews and Matthews

In *Matthews and Matthews*, heard by Cleary J, the dispute concerned the division of property between a husband and wife. The court was required to determine the appropriate orders for the distribution of assets, including a property, plant and equipment, livestock, and other personalty, and to make provision for the enforcement of those orders.

The court considered the division of the R property, stipulating that the husband was to pay a sum of $341,824 to the wife within 60 days. Should the husband fail to comply, the R property was to be sold by private treaty, with the net proceeds divided 85 per cent to the wife and 15 per cent to the husband after payment of sale expenses and a NAB loan. If private treaty sale failed within 90 days, the property was to be sold by auction under similar terms. The husband was also ordered to provide vacant possession of residential properties on the land and to remove his belongings.

Further orders stipulated that the husband would retain all plant, equipment, and livestock, while each party would keep personalty in their possession, including superannuation interests, bank accounts, and motor vehicles. The court also made provision under section 106A of the *Family Law Act* for a Registrar to execute necessary documents if a party refused or neglected to do so, with the defaulting party ordered to pay the other party's solicitor-client costs of enforcement.