Peroni and Kappa

In the matter of *Peroni and Kappa*, Rees J considered an application for interim property settlement between a husband and wife. The dispute concerned the division of assets pending final determination of substantive proceedings.

The court was required to determine the appropriate interim property settlement orders, including the payment of a sum of money from the wife to the husband, and the facilitation of a loan by the wife secured against a jointly owned property. Furthermore, the court had to consider the consequences and procedure for the sale of another property if the wife failed to meet her payment obligations.

Rees J ordered that the wife pay $100,000 to the husband within 28 days as an interim property settlement. The husband was also ordered to sign documents to enable the wife to raise a $100,000 loan secured against a property at B Street, Suburb C, with the wife solely responsible for repayment. In the event the wife failed to make the ordered payment, both parties were to take steps to sell the property at D Street, Suburb E. The proceeds of this sale were to be applied first to the costs of sale, then $100,000 to the husband, $100,000 to the wife, and any remaining balance was to be held in a controlled money account pending further order.