Rigge and Rigge (No 2)

This matter came before Baumann J of the Family Court of Australia concerning the division of property between the husband and wife. The dispute involved a complex web of entities, including companies and trusts, through which the parties had managed their assets. The court was tasked with making orders to effect a final division of these assets and liabilities.

The court was required to determine the specific terms of the property adjustment orders, including the transfer of various assets and the allocation of liabilities. This involved identifying the precise nature and ownership of assets held by numerous corporate and trust entities, and determining how these should be vested between the parties. The court also had to address the outstanding loan monies owed to the parties by certain trusts and the wife's personal loan accounts with companies.

In its reasoning, the court applied principles of property adjustment under the *Family Law Act 1975* (Cth). The orders reflect a detailed division of the matrimonial property pool, with specific provisions for the wife to cease dealings with assets of the entities and for the husband to assume control over them. The court ordered the wife to resign from officeholder positions in the corporate entities and as principal of the trust entities, with the husband to be appointed as substitute. Loan monies owed by the FF Unit Trust and E Pty Ltd as trustee for The K Trust were vested in the husband. The court also specified the distribution of proceeds from the sale of LL Street, the transfer of various properties and assets to the wife, and a cash settlement to be paid to the wife. The husband was to retain other specified properties and assets.

The court made detailed orders for the transfer of assets and liabilities, including the payment of the wife's loan accounts from the proceeds of sale of LL Street. The wife was to receive a net total property of 37.5% of the matrimonial property pool, with the husband retaining the remainder. The orders also included provisions for the preparation of transfer documents, indemnities for liabilities, and the appointment of a Registrar to execute documents if a party failed to comply. Liberty to apply was granted for any questions arising from the implementation or interpretation of the orders.