Rockman & Rockman

In Rockman & Rockman, the husband and wife were parties to proceedings before Judge Bender concerning the division of their property. The dispute centred on the sale of their jointly owned real property and the distribution of its proceeds, as well as the division of various shareholdings and other assets.

The court was required to determine the terms of the sale of the real property, including the proportion in which the proceeds would be divided between the husband and wife. Further issues included the wife's sole right to occupy the property pending sale, the management of the sale process, and the transfer of specific shareholdings to the wife, their daughter, and their other children. The court also needed to address the entitlement of each party to their respective superannuation and other property, the ownership of insurance policies, and the severance of any joint tenancies.

Judge Bender ordered that the real property be placed on the market for sale, with the proceeds to be applied first to sale costs and then divided 35% to the husband and 65% to the wife. The wife was granted sole occupation of the property pending sale, with responsibility for outgoings. The court also directed the transfer of specific shareholdings, with the husband transferring shares to the wife and to their daughter, and the wife transferring shares to their children Y and Z. Each party was to retain their own superannuation and other property, with insurance policies remaining the property of the named owner, and each party indemnifying the other against liabilities related to their respective entitlements. Any joint tenancies were expressly severed.