Rose and Mitchell

This matter came before Judge Burchardt concerning the financial relationship between the Applicant Wife and the Respondent Husband. The dispute involved the division of property and the allocation of liabilities between the parties.

The court was required to determine how the parties' various assets and liabilities should be divided, including real property, motor vehicles, bank accounts, shares, superannuation, household contents, and various debts. The court also needed to make orders regarding the payment of a sum of money from the Respondent Husband to the Applicant Wife and the future of a property known as Property W.

The court made orders for the Respondent Husband to pay the Applicant Wife a sum of $43,076 within 90 days, at which time the Applicant Wife was to remove any caveat on Property W. The Respondent Husband was declared to retain all interest in Property W and was to indemnify the Applicant Wife regarding the mortgage on that property. The court then detailed specific assets and liabilities to be retained by each party exclusively, including motor vehicles, bank accounts, shares, household contents, and superannuation. The Respondent Husband was also ordered to indemnify the Applicant Wife for certain loans from his parents and a loan from a company, as well as the tax liabilities of two companies. In the event the payment was not made by the due date, Property W was to be sold, with proceeds applied first to sale costs, then to discharge the mortgage, then to the outstanding payment to the Applicant Wife with interest, and finally any balance to the Respondent Husband. The court declared that these orders were intended to finally determine the financial relationship between the parties.