Weller and Weller

This matter concerned the resolution of financial and property matters between the husband and wife, with the intervention of Sagacious Legal. The court was required to make orders regarding the division of property, the conduct of ongoing litigation, and the discharge of certain encumbrances.

The primary legal issues before the court were the validity and effect of a deed of charge granted by the husband to Sagacious Legal, the allocation of the net proceeds of sale of the former matrimonial home, the conduct and resolution of existing legal proceedings involving C Company, and the beneficial ownership of various assets including a legacy and superannuation entitlements. The court also had to consider the mechanism for enforcing its orders and the notification of third parties.

The court, by consent of the parties and unopposed by Sagacious Legal, set aside the deed of charge insofar as it affected the interests of the husband and wife, pursuant to s. 106B of the Act. The husband was ordered to transfer his interest in the net proceeds of sale of the former matrimonial home to the wife. The wife, upon undertaking to consider legal advice and indemnify the husband against costs, was to conduct ongoing litigation against C Company, with specific directions for settlement or trial, and the husband was to provide necessary assistance. The court declared the husband solely entitled to his legacy and each party to other property in their possession. Provisions were made for a Registrar to execute documents in case of default, and the operation of the orders was stayed for 28 days. The wife was also ordered to notify various financial institutions and legal entities of the orders.