Mitcham and Mitcham

In *Mitcham and Mitcham*, heard by Judge Young, the parties sought orders to finalise their financial affairs following their separation. The dispute involved the winding up of a company, Business A Pty Ltd, the distribution of proceeds from the sale of the former matrimonial home, Property A, and the division of various assets including investments and superannuation entitlements. The court was also required to address indemnities for debts owed to each party's parents and the husband's application filed on 12 January 2018.

The court was tasked with determining the priority of payments from the sale of the matrimonial home, specifically whether a deficiency of assets arising from the company's winding up should be paid before or after the division of any surplus. Further issues included the method of dividing investments, the specific superannuation entitlements of the wife pursuant to section 90MT(1)(a) of the *Family Law Act 1975*, and the appropriate orders to ensure compliance with the court's directions, including the dismissal of the husband's earlier application.

Judge Young ordered that the company, Business A Pty Ltd, be wound up, with each party to facilitate this process. The proceeds from the sale of the matrimonial home were to be applied first to sale expenses, then to discharge mortgages, and thereafter to cover any deficiency in the company's assets. Any surplus from the sale of the home and remaining assets were to be divided with the wife receiving 59% and the husband 41% by value, with each party retaining specified chattels. The court also ordered the husband to indemnify the wife against a company debt to his father, and the wife to indemnify the husband against a debt to her mother. Crucially, the wife was awarded a specific sum from the husband's superannuation fund, with detailed provisions for its payment and the binding effect on the fund's trustee. The husband's application of 12 January 2018 was dismissed, with the husband to pay the wife's costs for that application. The Registrar was empowered to execute documents if a party failed to do so, and parties were granted liberty to apply.