Stracciatelle and Brugini

In the matter of Stracciatelle and Brugini, Kent J made orders concerning the financial and property settlement between the parties. The dispute centred on the division of assets, including a property located at B Street, Suburb C, Victoria, and the payment of a sum of money.

The court was required to determine the terms of the financial settlement, including the quantum of payment to be made by the husband to the wife, the disposition of a caveat registered against the B Street property, and the consequences of default in payment. The court also addressed the division of other property held by the parties, including bank accounts and insurance policies, and the severance of any joint tenancies.

Kent J ordered the husband to pay the wife $375,000 within 90 days, contemporaneously with which the wife was to withdraw a caveat on the B Street property. In the event of the husband's default, the property was to be sold, with the proceeds applied first to sale costs, then to discharge a Westpac loan, followed by the outstanding payment to the wife with penalty interest, and any remaining balance to the husband. The orders also stipulated that each party was solely entitled to other property in their possession, joint bank accounts were to become the husband's property, insurance policies were to remain with the named owner, and any joint tenancies were severed. All extant applications were dismissed, and the court certified for counsel.