Smythe and Gorrie (No.2)

In *Smythe and Gorrie (No.2)*, Judge Altobelli of the Federal Circuit and Family Court of Australia was required to determine the distribution of funds held on trust and the ownership of various assets between a husband and wife, as well as to make orders regarding indemnities for certain debts. The dispute concerned the final division of property and liabilities following the breakdown of the marriage.

The court was tasked with determining how funds held on trust should be distributed, including specific amounts to named third parties and the remaining balance between the parties. Furthermore, the court needed to establish which party would be responsible for specific debts, including those related to a business, the Australian Taxation Office, Centrelink, and debts owed to the husband's parents. The court also had to declare the sole ownership of remaining property in the possession or control of each party.

Judge Altobelli ordered the distribution of the trust funds in accordance with the specified amounts and proportions, including payments to Ms C, a business, and Dr M, with the remainder to be divided equally between the husband and wife. The court also made orders for the husband to indemnify the wife against any amounts owed to the Australian Taxation Office, liabilities arising from a specific business, and debts owed to his parents. Conversely, the wife was ordered to indemnify the husband against debts of the same business, Centrelink, and any other debts she had incurred. Finally, the court declared each party to be the sole owner, at law and in equity, of all other property in their respective possession or control, including specified businesses, vehicles, bank accounts, and superannuation. Liberty was granted to relist the matter for interpretation, implementation, or enforcement of these orders.