Rubin and Rubin

This matter concerned orders made by Johnston JR in the Family Court of Australia concerning the division of property between a husband and wife. The dispute revolved around the distribution of various assets, including real estate, personal belongings, a motor vehicle, and financial entitlements, following the breakdown of the marriage.

The court was required to determine the terms of the property settlement, including the transfer of interests in two properties, the distribution of proceeds from the sale of one property, the division of personal chattels, the sale of a motor vehicle, and the allocation of debts and superannuation entitlements. The court also needed to make provision for the enforcement of its orders and specify the commencement date for their operation.

Johnston JR made detailed orders for the division of assets. The husband was ordered to transfer his interest in the "M property" to the wife in exchange for a payment of $84,822. The wife was ordered to transfer her interest in the "W property" to the husband. Provisions were made for the sale of the "M property" by public auction if the wife failed to make the stipulated payment, with specific percentages of the proceeds allocated to each party. The court also ordered the division of specific personal items, the sale of a Mercedes motor vehicle with equal division of proceeds, and declared each party the owner of remaining property in their possession. Debts and superannuation entitlements were to remain with the respective parties. The Registrar of the Family Court was appointed to execute documents if a party failed to comply. The orders were to commence operation on 28 August 2009.