Tallis and Tallis

In the matter of *Tallis and Tallis*, Judge Newbrun of the Federal Circuit Court of Australia was required to make orders concerning the division of property between a husband and wife. The primary dispute revolved around the wife's obligation to pay a sum of money to the husband, and the consequences of her failure to do so, specifically in relation to a property.

The court was tasked with determining the terms of the property settlement, including the amount to be paid by the wife to the husband, the timeframe for this payment, and the mechanism for the sale of a specific property should the wife default on her payment obligations. The court also needed to address the release of a caveat and the final declaration of ownership of other assets.

The court ordered that the wife pay the husband the sum of $143,400 within eight weeks. In the event of non-payment, the parties were to list and sell the property known as "Property D". The sale was to be conducted at an agreed price, or if agreement could not be reached within 14 days, at a fair market value determined by a jointly appointed valuer, or failing that, by an expert appointed by the President of the Australian Property Institute. Upon sale, after adjustments for rates and costs, the proceeds were to be applied first to discharge any mortgage, then to sale costs, with the balance to be paid to the husband ($143,400 plus interest) and the remainder to the wife. The husband was also ordered to provide a withdrawal of caveat simultaneously with the payment or property sale. Each party was declared the sole owner of assets in their possession, and provisions were made for the execution of documents by a court officer if a party failed to comply. Liberty to apply was granted for implementation and enforcement issues.