NEWTON & THOMAS

In the matter of NEWTON & THOMAS, Judge Roberts considered a property dispute between the husband and wife. The parties had reached an agreement that some form of property adjustment was just and equitable.

The court was required to determine the appropriate property adjustment, considering the parties' contributions and the factors outlined in subsection 75(2) of the relevant legislation. The court also had regard to the ethical obligations of legal practitioners, noting that a lawyer's duty to the court is paramount and supersedes their duty to a client.

Judge Roberts ordered that the husband transfer his interest in a jointly owned boat and trailer to the wife within 30 days. Additionally, the husband was ordered to pay the wife $40,000 within 90 days. If this sum remained unpaid, the husband was to sell his Tasmanian home for the best reasonably obtainable price, with any outstanding amount to be paid from the net proceeds before the husband received any remaining funds. The parties were otherwise to retain their own property and chattels.