Warne and Warne

In *Warne and Warne*, the parties, a husband and wife, brought their dispute concerning the division of their property and liabilities before Judge Burchardt. The core of the disagreement revolved around the sale of a jointly owned property and the subsequent distribution of the proceeds, as well as the allocation of various other assets and debts.

The court was required to determine the specific terms for the sale of the jointly owned property, including the division of the net sale proceeds after accounting for sale costs, mortgage discharge, and a specific loan secured against a vehicle. Further issues included the equal division of proceeds from the sale of a particular artwork and the final allocation of remaining assets and liabilities between the husband and wife, including motor vehicles, savings, shareholdings, and personal belongings.

Judge Burchardt ordered the discharge of previous interim orders, save for one to be discharged upon the settlement of the sale. The court directed the parties to place the jointly owned property on the market for sale, with the proceeds to be applied first to sale costs and commissions, then to discharge a bank mortgage and a finance loan secured against a Subaru vehicle. The remaining balance was to be divided, with 47.5% allocated to the wife and 52.5% to the husband. The parties were also ordered to sell a specific print and divide those proceeds equally. The wife was to retain certain specified assets, including her savings, a Subaru vehicle (with registration transfer at her expense), a painting, furniture and chattels in the jointly owned property (excluding the husband's personal items), and her superannuation, while indemnifying the husband for any liabilities. The husband was to retain his specified assets, including savings, shareholdings (subject to a loan), another vehicle, specific artworks, personal belongings, and his superannuation, while indemnifying the wife for any liabilities. The parties were also directed to take steps to discharge the finance loan on the Subaru and transfer its registration to the wife.