Miller and Miller

In *Miller and Miller*, Foster J of the Federal Circuit Court of Australia made orders concerning the division of property between a husband and wife. The dispute centred on the disposition of the former matrimonial home, a caravan, and a sum of money.

The court was required to determine how the parties' interests in the former matrimonial home should be divided, including the conditions for its transfer and the refinancing of the associated mortgage. Further issues included the transfer of a caravan and the payment of a specific sum of money by the husband to the wife. The court also considered the husband's obligations regarding the property pending transfer and his conduct upon vacating the premises.

Foster J ordered that the husband transfer his interest in the former matrimonial home to the wife within 42 days, provided the wife refinanced the mortgage to release the husband from liability. Pending this transfer, the husband was to continue making mortgage payments and outgoings. Upon transfer, the husband was to vacate the property, leaving it in good order, and was restrained from removing fixtures. The husband was also ordered to transfer his interest in a caravan to the wife within 14 days and deliver it within seven days thereafter. Finally, the husband was ordered to pay the wife $92,000 within three months. Liberty was granted to either party to apply for enforcement or implementation of these orders.