SPEARS and SPEARS

In the matter of *Spears and Spears*, heard before Judge Obradovic, the dispute concerned the division of property between a husband and wife. The court was required to make orders regarding the financial settlement and the disposition of a jointly owned property.

The primary legal issues before the court were the quantum of the financial settlement to be paid by the husband to the wife, and the mechanism for achieving this settlement, including the potential sale of a property. The court also considered the allocation of responsibility for ongoing expenses related to the property and the consequences of non-compliance with its orders.

Judge Obradovic ordered the husband to pay the wife a sum of $267,060 within two months. In the event of non-compliance, the property was to be sold by private treaty, with a fallback to auction if private sale failed within a specified timeframe. The proceeds of sale were to be applied first to legal and agent's costs, then to any mortgage, followed by the payment to the wife of the $267,060 plus interest, with the balance to the husband. The husband was also ordered to continue paying all regular instalments for the mortgage, rates, and insurance, and to pay any arrears, indemnifying the wife. The Registrar was appointed to execute documents if either party refused to do so. Each party was to retain sole ownership of other property in their possession.