Sharp and Moon

In the matter of *Sharp and Moon*, heard before Judge Phipps, the dispute concerned the division of property and spousal maintenance between the parties. The court was required to determine the extent to which certain payments were attributable to maintenance, the discharge of existing spousal maintenance orders and arrears, and the method by which a significant property settlement would be effected, including provisions for the potential sale of real property.

The court considered the application of section 77A of the *Family Law Act 1975* (Cth) to the proceedings. It was necessary to determine the quantum of the payment to the wife that constituted spousal maintenance, and consequently, to discharge the prior spousal maintenance order and any arrears. Furthermore, the court had to establish the terms of the property settlement, including the timing of a substantial payment from the husband to the wife, and the mechanism for the wife to withdraw a caveat over a specific property. The court also addressed the potential sale of that property if the payment was not made by a specified date, outlining the priority of distribution of sale proceeds.

Judge Phipps ordered that $10,000 of the monies payable to the wife was attributable to spousal maintenance, and accordingly, discharged the existing spousal maintenance order and any arrears. The husband was ordered to pay the wife $78,965 by a specified date, contemporaneously with which the wife was to withdraw a caveat over a particular property. In the event of non-payment by the due date, the husband was to take steps to transfer the property to the wife on trust for sale, with the proceeds to be applied first to sale costs, then to discharge encumbrances, then to the outstanding payment to the wife, and finally, any balance to the husband. The court also directed the wife's solicitors to prepare minutes for a superannuation splitting order and adjourned the matter for the making of that order. Each party was otherwise to retain their own property, with specific provisions for insurance policies and liabilities.