Pauley and Pauley

In *Pauley and Pauley*, Justice Moore of the Family Court of Australia was required to make orders concerning the division of property between the parties. The dispute involved the sale of a property in Queensland, including a primary production business and associated plant and equipment, as well as the distribution of the proceeds from that sale.

The court was tasked with determining how the parties' assets, specifically the property, business, and associated chattels, should be divided. This included deciding on the method of sale, the allocation of sale proceeds to cover expenses and debts, and the ultimate distribution of the remaining balance between the husband and wife. The court also needed to address the wife's right to occupy the property pending its sale and to specify which other assets each party would retain absolutely.

Justice Moore ordered the sale of the Queensland property and associated plant and equipment. The wife was granted the right to occupy the property until its sale, subject to maintaining it and facilitating inspections. The sale was to be conducted by agreement or, failing that, by public auction with a nominated agent and reserve price. The proceeds were to be applied first to the expenses of sale, then to discharge a mortgage and specific debts owed to AGC and CNW. The remaining balance was to be divided 55% to the wife and 45% to the husband, with a further $9,000 to be paid from the husband's entitlement to the wife. The wife was to retain specific personal property and superannuation, while the husband was to retain other specified items. The registry manager was appointed to execute documents if either party failed to do so.