SEEGER & SEEGER

This matter concerned a property settlement dispute between a husband and wife, heard by Judge Small. The primary dispute revolved around the division of the parties' assets, including a property located in Country A and jewellery. A significant aspect of the proceedings also involved the husband's alleged failure to provide full and frank disclosure regarding his income and financial position.

The court was required to determine how to address the ownership of the overseas property and the jewellery, consider the respective contributions of each party to the marriage and its assets, and decide on the appropriate course of action concerning the husband's alleged lack of full and frank financial disclosure. The court also had to make orders for the division of the parties' property and liabilities.

The court ordered that the wife pay the husband a sum of $56,529 within 60 days. Contemporaneously with this payment, the husband was to transfer his interest in the Town C property to the wife. The wife was also required to refinance the existing ANZ loan on the Town C property into her sole name and remove caveats she had placed on both the Town C and Town D properties. In the event of non-compliance with these orders by the due date, the Town C property was to be placed on the market for sale, with the proceeds to be applied first to sale costs, then to the ANZ loan, and the balance to be divided such that the husband received 47.5% and the wife 52.5% of the overall property of the parties. The orders also detailed the division of other assets and liabilities, including specific provisions for a superannuation split in favour of the wife.