Weston-Smart and Smart

Justice Fowler of the Family Court of Australia made orders concerning the division of property between a husband and wife. The dispute involved the sale of multiple properties, the liquidation of a company, and the distribution of superannuation funds.

The court was required to determine the terms and conditions for the sale of three properties located at B Street (NSW), P property (QLD), and S property (QLD). It also needed to address the liquidation of D Pty Limited and the distribution of its net proceeds, as well as the management and distribution of superannuation funds held by the parties and through D Company as trustee. Furthermore, the court had to clarify ownership of various assets and provide mechanisms for enforcing its orders.

Justice Fowler's reasoning involved detailed provisions for the sale of each property, including listing agents, sale prices or reserve prices, marketing strategies (private treaty and auction), and the acceptance of offers within specified percentages of the reserve price. The court also ordered the liquidation of D Pty Limited and the equal distribution of its net proceeds, and directed the parties to roll out their respective superannuation entitlements. To ensure compliance, the court appointed a registrar to execute documents on behalf of any party who refused or neglected to do so, pursuant to section 106A of the *Family Law Act 1975* (Cth). The orders also specified the ownership of various other assets, including real estate, bank accounts, shares, and household contents, for each party.