WARD & WARD (No.2)

In *Ward & Ward (No.2)*, Judge Scarlett of the Family Court of Australia considered an application by the parties concerning the division of a joint bank loan. The dispute centred on how to equitably apportion responsibility for an existing loan facility.

The primary legal issue before the Court was how to effectively refinance and divide a joint bank loan to ensure each party assumed sole responsibility for one half of the outstanding amount. The Court was required to determine the practical steps necessary to achieve this division and to clarify that the order was not intended to trigger immediate full repayment of the loan.

Judge Scarlett ordered that within 30 days, the Applicant and Respondent must apply to the relevant bank to refinance and divide the existing loan. This refinancing was to ensure that each party would be solely responsible for half of the amount currently owing and would be obligated to make payments on their respective shares as they fell due. The Court explicitly noted that the intention of this order was not to require immediate full payment of the entire loan amount.