Monfort and Bade (No.2)

This matter concerned the property division between the parties, Ms Monfort (the wife) and Mr Bade (the husband), before Judge Willis. The dispute involved the division of various assets, including two properties (Property A and Property B), superannuation funds, a vehicle, and credit card debts, with the wife seeking spousal maintenance which was also in contention.

The court was required to determine the overall property division between the parties, specifically how to achieve a 75% to 25% split in favour of the wife. This involved determining the valuation and distribution of various assets and liabilities, including the sale of Property A and the potential sale of Property B in the event of default. The court also had to consider the division of splittable payments from a superannuation fund and address the wife's applications for spousal maintenance and related enforcement matters.

Judge Willis ordered that the overall property division be 75% to the wife and 25% to the husband. To achieve this, the court made detailed orders regarding the sale of Property A, appointing a Trustee for Sale with sole conduct of the sale and restraining the parties from interfering with the process. The proceeds of the sale were to be applied to sale costs, mortgage discharge, specified credit card debts, and capital gains tax liability, with the balance distributed according to the overall division. The wife was ordered to make a cash adjustment to the husband to effect the 25% division, and to refinance the mortgage on Property B, after which the husband's interest in Property B would be transferred to her. The court also made orders regarding the division of a superannuation fund, with the wife to receive 75% of splittable payments from one fund and the husband to retain another fund exclusively. The wife's application for spousal maintenance was dismissed, as were all outstanding applications.