VOLPE & STARK

This matter concerned an undefended hearing before Judge Humphreys OAM in the context of family law property settlement proceedings. The parties were involved in a de facto relationship of less than two years' duration, and the proceedings addressed the division of their assets, with a particular focus on a property.

The court was required to determine the appropriate orders for property settlement, including the division of a jointly owned home, the allocation of responsibility for an existing mortgage, and the exclusive occupation of the home. Additionally, the court needed to make declarations regarding the sole legal and beneficial ownership of various other assets held by each party, and to address the issue of costs and the potential for a third party to execute documents on behalf of a party who failed to comply with the court's orders.

The court's reasoning, as reflected in the orders made, involved granting the applicant leave to institute proceedings for property settlement pursuant to s.90SB(c) of the Family Law Act 1975. The orders provided for the transfer of the respondent's interest in the jointly owned home to the applicant, with the applicant assuming sole responsibility for refinancing the mortgage and indemnifying the respondent against any future liability. The applicant was granted exclusive occupation of the home, and specific declarations were made regarding the sole ownership of other assets held by each party. The court also made provision for the Registrar to execute documents if a party failed to comply with the orders and ordered the respondent to pay the applicant's costs in relation to the proceedings and the expert valuation report.