NEAVES & NEAVES

In the matter of *Neaves & Neaves*, Johnston J of the Family Court of Australia was required to determine the division of property and the allocation of debts between a husband and wife. The proceedings concerned the distribution of funds held in a controlled monies account, the ownership of two motor vehicles, and the equitable and legal ownership of other personalty and superannuation.

The central legal issues before the court were how to distribute the proceeds from the controlled monies account, considering existing debts in each party's name, and how to determine the ownership of the motor vehicles and other assets. The court also had to address the ongoing liability for debts incurred by each party.

Johnston J ordered that the proceeds from the controlled monies account be paid first to satisfy debts held in the wife's name ($69,485) and then debts held in the husband's name ($18,800). The remaining balance was to be divided, with 75 percent allocated to the wife and 25 percent to the husband. The court declared the husband the sole legal owner of one motor vehicle and the wife the sole legal owner of the other. Furthermore, each party was declared the owner at law and in equity of all other superannuation and personalty in their possession, and each was to remain solely liable for their existing debts, indemnifying the other from any such liability.