Muir and Muir

In the matter of Muir and Muir, Judge Monahan made orders concerning the division of property and liabilities following a final hearing conducted on an undefended basis. The orders were to be read in conjunction with previous consent orders made between the applicant, respondent, and an intervenor, as well as earlier court orders.

The court was required to determine the distribution of the net proceeds from the sale of the former matrimonial home, known as Property B. Specifically, the orders stipulated how the net proceeds were to be divided between the Husband and the Wife, taking into account an amount due to an intervenor, Santone Lawyers, and a specific sum payable to the Husband. The court also addressed the entitlement to various assets, including chattels, money, shares, debentures, and superannuation benefits, as well as the liability for debts and loans.

The court ordered that upon settlement of the sale of Property B, the Wife was to divide the net proceeds. The Husband was to receive 35% of the net proceeds, less the amount due to Santone Lawyers and a further sum of $29,379.24, with the remainder to be paid to the Wife. In the event the Husband failed to provide a written direction for payment, the moneys payable to him were to be held on trust. Furthermore, each party was to be solely entitled to property in their possession or name as at the date of the orders, including superannuation benefits, and each party was to be solely liable for and indemnify the other against any debts or liabilities in their name. The court also made provisions for the execution of documents to give effect to the orders, including the appointment of the Registrar of the Court under section 106A of the Family Law Act 1975 if necessary. The Wife was granted liberty to apply within 28 days regarding costs, and all other extant applications were dismissed.