Whateley and Morton-Whateley and Anor

In *Whateley and Morton-Whateley and Anor*, heard by Tree J, the dispute concerned the division of assets and liabilities between the Applicant, Mr Whateley, and the Respondent, Ms Morton-Whateley, with an Intervenor, Ms Laurel, also involved. The proceedings sought to resolve financial claims arising from the parties' relationship.

The court was required to determine the extent of the parties' indebtedness to the Intervenor and to make orders for the discharge of that liability. Furthermore, the court needed to determine how the remaining assets and liabilities of the Applicant and Respondent should be divided between them.

Tree J declared that the Applicant and Respondent were jointly indebted to the Intervenor in the sum of $196,091.00. To partially discharge this liability, the court ordered the sale of specific shares held by B Pty Ltd as trustee of the C Trust and a boat, including its trailer and motor, currently in the Respondent's possession. The proceeds of these sales were to be paid to the Intervenor. The court further ordered that each party would retain control of their respective assets and remain liable for debts in their sole or joint names. To facilitate the implementation of these orders, the Registrar of the Family Court of Australia was appointed to execute any necessary documents on behalf of a party who refused or neglected to do so within fourteen days of a written request. All other pending applications were dismissed.