Vann and Compton

In the matter of *Vann and Compton*, Judge Burchardt made orders concerning the division of property between the parties. The dispute involved the disposition of two properties, Property B1 and Property B2, and Property A, as well as other assets and liabilities.

The court was required to determine how the parties' respective interests in the properties should be transferred or, in the alternative, how the properties should be sold and the proceeds distributed. Further issues included the allocation of responsibility for mortgage payments, rates, taxes, and outgoings pending any transfer or sale, and the severance of any joint tenancies. The court also addressed the division of other property, superannuation entitlements, and the collection of personal belongings.

The court ordered that within 60 days, subject to the wife obtaining finance to refinance the mortgages, the husband was to transfer his interest in Property B1 and Property B2 to the wife at her expense. The wife was to indemnify the husband against all apportionable rates, taxes, and outgoings for these properties. If the wife failed to obtain finance, the properties were to be sold out of court, with proceeds applied first to sale costs, then to discharge encumbrances, and the balance to the wife. Similarly, within 60 days, subject to the husband obtaining finance to refinance the mortgage, the wife was to transfer her interest in Property A to the husband at his expense. The husband was to indemnify the wife against all apportionable rates, taxes, and outgoings for Property A. If the husband failed to obtain finance, Property A was to be sold, with proceeds applied similarly, and the balance to the husband. Pending transfer or sale, each party was to meet the mortgage and outgoings for the property they were to receive or were associated with. The court also ordered that each party was solely entitled to other property in their possession, forgo claims to superannuation, and that any joint tenancies were severed. The wife was to collect specified personal belongings on a particular date. All other extant applications were dismissed.