Saxby and Saxby

This matter concerned orders made by Judge Phipps in relation to property settlement between a wife and husband. The dispute centred on the division of assets, specifically a property and associated financial liabilities.

The court was required to determine the terms of the property settlement, including the payment of a sum by the wife to the husband, the transfer of a property, the refinancing of a mortgage, and the consequences of non-payment by a specified date. Further issues included the wife's sole occupation of the property pending payment or sale, the management of superannuation and other assets, and the allocation of liabilities.

Judge Phipps ordered that the wife pay the husband a specific sum by a set date. Simultaneously, the husband was to transfer his interest in a property to the wife, and the wife was to refinance the mortgage on that property to remove the husband's liability. If the wife failed to make the payment, the property was to be sold, with the proceeds applied first to sale costs, then to discharge the mortgage, followed by the outstanding payment to the husband with interest, and any remaining balance to the wife. Pending payment or sale, the wife was granted sole occupation of the property, responsible for mortgage instalments and outgoings, and both parties were to hold their interests in the property on trust, with neither party permitted to encumber it without consent. The wife was also to remain solely liable for and indemnify the husband against any liability concerning an overdraft. Each party was to retain their respective superannuation and other property, with the wife deemed in possession of the furniture and personal chattels within the property.