Sirola and Sirola and Ors (No 3)

This matter concerned a property settlement dispute between the Applicant Wife and the Respondent Husband, with the Second and Third Respondents acting as Administrators of the Estate of the late Mr U Sirola. The proceedings were before McClelland J in the Family Court of Australia. The dispute was resolved by consent orders.

The court was required to determine the terms of a consent order for the final settlement of property pursuant to section 79 of the *Family Law Act 1975*. This involved the disbursement of funds from the net proceeds of sale of two properties, one at Y Street and another at V Street, and the allocation of responsibility for existing liabilities. The parties also sought to bring an end to their financial relationship, including spousal maintenance and child support claims.

The court made orders by consent, reflecting a full and final settlement of all financial claims between the parties. The net proceeds from the sale of the Y Street property were to be disbursed as follows: $1,000,000 to the Applicant Wife's lawyers, $800,000 to the Administrators of the late Mr U Sirola's Estate, and the balance to the Respondent Husband as directed by his Case Guardian. Funds from the V Street property were to be paid to the Respondent Husband, as directed by his Case Guardian. The orders stipulated that each party would be solely entitled to property in their possession, forgo claims to each other's superannuation, and be solely responsible for and indemnify the other against existing third-party liabilities. The parties agreed that these orders were intended to end all financial relationships, including spousal maintenance, and the Applicant Wife also agreed to forgo all claims for past and future child support. These orders were made contemporaneously with the appointment of a Tutor and Case Guardian for the Respondent Husband and the execution of related deeds and minutes of order in the Supreme Court of New South Wales.