SFAKIANAKIS & SFAKIANAKIS

This matter concerned orders made by Johnston J in proceedings between a husband and wife. The dispute revolved around the division of property and liabilities between the parties.

The court was required to determine the appropriate orders for the division of the parties' assets and liabilities, including real property, and to make provision for the discharge of mortgages and other encumbrances. The court also had to consider the consequences of non-compliance with its orders, particularly concerning the payment of a sum of money and the transfer of interests in property.

Johnston J ordered that the husband pay a specified sum to the wife within 60 days, simultaneously with which the wife was to transfer her interest in a particular property to the husband. Both parties were ordered to equally share the costs of discharging all mortgages and encumbrances on that property. The husband was declared the sole owner of another property, with an indemnity to the wife for all associated liabilities. Each party was to retain other property and superannuation in their possession and be solely liable for debts in their sole name. In the event of the husband's non-compliance with the payment order, the wife was appointed trustee for sale of both properties, with specific directions for sale and distribution of proceeds, including a division of the net balance between the parties. The court also made orders regarding the commencement of operation of these orders, the ability to relist proceedings for further submissions or implementation, and the release of exhibits. Furthermore, the Registrar of the Court was appointed to execute necessary documents in the event of a party's refusal or neglect to do so, pursuant to section 106A of the *Family Law Act 1975* (Cth).