Volke and Volke

This case concerned orders made by Johnston J in the Family Court of Australia regarding the division of property and superannuation between the parties, Mr and Mrs Volke. The primary dispute revolved around the sale of the former matrimonial home and the distribution of its proceeds, as well as the allocation of various other assets and liabilities.

The court was required to determine the specific terms and conditions for the sale of the former matrimonial property, including the appointment of agents, the method of sale, reserve prices, and the division of sale proceeds. Further issues included the transfer of specific motor vehicles and bank accounts, the collection of personal effects, and the allocation of superannuation interests between the parties. The court also addressed the responsibility for and indemnification of liabilities associated with retained assets and the dismissal of an application for maintenance.

Johnston J made detailed orders for the sale of the former matrimonial property, specifying the process for appointing a lawyer and agent, the timeline for listing by public auction, and provisions for subsequent auctions with progressively reduced reserve prices if the property remained unsold. The proceeds of sale were to be applied first to sale costs, then to discharge mortgages and outstanding rates, followed by a sum of $50,000 to be held in a controlled monies account pending assessment of identified tax liabilities. The remaining proceeds were to be divided, with 67% allocated to the wife and 33% to the husband, before a final distribution of 90.242% to the wife and 9.758% to the husband. The orders also stipulated the transfer of certain vehicles and bank accounts to the wife, the collection of specific personal effects by the husband, and a superannuation splitting order allocating a base amount to the wife from the husband's superannuation interests. Each party was to retain specific assets and liabilities, with mutual indemnities provided. The wife's application for maintenance was dismissed.