Stevenson and Brandon and Anor

In *Stevenson and Brandon and Anor*, heard by Judge Williams, the dispute concerned the division of property between a husband and wife, and the validity of a purported sale of a property from the husband to a second respondent. The wife sought to set aside this sale and obtain orders for the division of assets.

The court was required to determine whether the sale of the property to the second respondent should be set aside, and to make orders for the just and equitable division of the parties' property. This involved considering the respective contributions of the husband and wife to their assets and their future needs.

The court reasoned that the purported sale of the property to the second respondent was invalid and ordered it to be set aside pursuant to s. 106B of the *Family Law Act 1975*. The court then made orders by consent between the husband and wife, which provided for a division of assets resulting in the wife receiving 33.6% and the husband 66.4% of the total superannuation and non-superannuation assets. These orders facilitated the division by either the husband paying the wife a sum of $275,000 to retain the property, or by the sale of the property with the proceeds to be applied in a specified manner. The court also made orders regarding the occupation of the property pending payment or sale, and the severance of joint tenancies.