Stillwood and Dance

This matter concerned orders made by consent between a husband and wife, presided over by Young J. The dispute involved the division of property and the provision of spousal maintenance. The parties sought to finally determine their financial relationship and avoid further litigation.

The court was required to make orders concerning the transfer of various properties, including real estate and interests in companies and trusts. Specific issues included the allocation of a portion of a monetary payment towards spousal maintenance, the management and encumbrance of properties pending transfer, the sale of a property in the event of non-compliance with certain obligations, and the division of interests in superannuation funds and other financial assets. The orders also addressed the resignation of parties from directorships and trustee roles, and the allocation of liabilities.

The court's reasoning was based on the consent of the parties, as evidenced by the detailed orders made. These orders reflected an agreement on the distribution of assets and liabilities, including specific monetary payments, property transfers, and the division of interests in various entities. The court applied principles of family law concerning property settlement and spousal maintenance, incorporating provisions for the final determination of the parties' financial affairs. The orders also included provisions for the discharge of an Independent Children's Lawyer and noted that the matter had been settled at a Judicial Settlement Conference.