Villeneuve and Harold

In the matter of Villeneuve and Harold, Johns J of the Family Court of Australia considered an application for leave to institute proceedings and a consent application for final property orders. The dispute concerned the division of property and the finalisation of financial relationships between the parties.

The court was required to determine whether to grant the applicant leave to institute proceedings pursuant to s 44(6) of the *Family Law Act 1975* and to make orders by consent regarding the distribution of the proceeds of sale of a property, the responsibility for a mortgage instalment, the retention of motor vehicles and superannuation, and the division of all other property and liabilities.

Johns J granted the applicant leave to institute proceedings. The court then made consent orders that the balance proceeds of sale of the property at B Street, Suburb C, Victoria, be applied first to repay a loan to the applicant's parents of $121,000, and the remainder be divided equally between the parties. The respondent was ordered to be solely responsible for the final mortgage instalment and to indemnify the applicant in respect thereof. The parties were to retain their respective motor vehicles and superannuation entitlements. Further orders stipulated that each party would be solely entitled to other property in their possession, bank accounts would remain with the named party, and each party would indemnify the other against liabilities encumbering their respective property. The court noted that, pursuant to s 81 of the *Family Law Act 1975*, the parties intended these orders to finally determine their financial relationships.