Rose and Briggs

In the matter of Rose and Briggs, Judge Newbrun of the Family Court of Australia made orders concerning the division of property between the husband and wife. The central dispute revolved around the matrimonial home, Property A, and how its ownership and value would be distributed.

The court was required to determine the terms upon which the husband could retain Property A, including the valuation and payment mechanism. In the alternative, the court needed to establish the process for the sale of Property A by auction, including the setting of a reserve price and the distribution of sale proceeds. Further issues included the division of other assets, such as superannuation entitlements, financial institution funds, and personal property, and the appointment of the Registrar to execute necessary documents.

Judge Newbrun ordered that the husband could retain Property A by paying the wife $236,697 within two months. If the husband failed to do so, the property was to be listed for sale by auction, with a real estate agent to be agreed upon or nominated. The auction was to occur within six weeks of the initial two-month period, with a reserve price to be agreed or fixed by a jointly appointed valuer, or failing that, by an expert appointed by the Australian Property Institute. Upon sale, sale costs were to be paid first, followed by the distribution of the remaining balance, with the wife receiving 55% of that balance plus $13,947, and the husband receiving the residue. The orders also specified that each party would retain their respective superannuation, financial institution funds, and personal effects, with specific provisions for the wife's controlled monies account and jewellery. The Registrar was appointed to execute any necessary documents under section 106A of the Family Law Act.