Mineyev and Mineyev

In the matter of *Mineyev and Mineyev*, Le Poer Trench J considered an application concerning property division between the parties. The dispute centred on the ownership and disposition of a property located at B Street, Suburb C, New South Wales, which was subject to a mortgage with Westpac Banking Corporation.

The court was required to determine the appropriate orders for the discharge of the existing mortgage, the transfer of the property, and the allocation of responsibility for outstanding statutory charges. Additionally, the court needed to address the potential for further encumbrance of the property by one of the parties and to make provision for the execution of necessary documents should one party be unavailable or unwilling to cooperate.

Le Poer Trench J ordered that the Applicant was to take all necessary steps to discharge the mortgage over the property. Simultaneously, the Respondent was to transfer his interest in the property to the Applicant at the Applicant's cost. The Applicant would then be responsible for all outstanding strata levies, council and water rates, and other statutory charges. The court also imposed a restraint on the Respondent from further encumbering the property until the transfer was complete. To facilitate the process, an officer of the Court was appointed pursuant to section 106A of the *Family Law Act 1975* to execute any necessary documents if the Respondent could not be contacted, located, or refused to sign. The court further ordered that, subject to these property orders, each party was to retain and be declared the sole legal and beneficial owner of all other real and personal property in their respective possession, and each party was to be solely liable for and indemnify the other from all liabilities standing in their sole name.