Waterman and Waterman

This case concerned a dispute between a husband and wife, heard before Hannam J. The primary dispute revolved around the division of property and financial matters between the parties.

The court was required to determine the appropriate orders for the distribution of various assets, including real estate, company shares, and bank accounts. Key issues included the payment of a sum of money from the husband to the wife, the sale of a property if that payment was not made, the closure of joint bank accounts, and the transfer of the wife's interest in a company to the husband, along with an indemnity for liabilities. The court also needed to address the entitlement to chattels, other personal property, and superannuation benefits, and to make provision for the execution of necessary documents.

Hannam J ordered that the net proceeds of sale of two properties be paid to the wife. The husband was ordered to pay a specific sum to the wife within 28 days, with a provision that if he failed to do so, a property known as the K Town property was to be sold by public auction on terms detailed in the orders. These terms included provisions for the appointment of an agent, reserve price, bidding, cooperation, conduct of the sale, agency rights, inspection, auction expenses, and subsequent auctions if the property did not sell. The proceeds of the K Town property sale were to be applied first to sale costs, then any mortgage, then the outstanding sum owed to the wife with interest, and finally any balance to the husband. The court also ordered the closure of joint bank accounts with their balances to be paid to the wife. The wife was to transfer her shareholding in D Pty Ltd to the husband, who was to indemnify her against all liabilities related to the company. General orders were made regarding the entitlement to chattels, moneys, shares, debentures, and superannuation, with each party being solely liable for their own debts and liabilities. Finally, an officer of the Court was appointed pursuant to Section 106A of the Family Law Act to execute documents if a party failed to do so, with the defaulting party ordered to pay costs.