Wilcher and Wilcher

In the matter of *Wilcher and Wilcher*, Mushin J of the Family Court of Australia considered the distribution of the net proceeds from the sale of the parties' former matrimonial home. The dispute concerned how these proceeds should be allocated, particularly in light of a prior order made by the County Court of Victoria under the *Confiscation Act 1997*.

The primary legal issue before the court was the determination of the respective entitlements of the wife and husband to the net proceeds of the sale of their former matrimonial home. This required the court to reconcile the distribution of property under the *Family Law Act 1975* with the existing confiscation order.

Mushin J ordered that 60 per cent of the net proceeds be distributed to the wife, with the balance to be distributed in accordance with the County Court's order made under the *Confiscation Act 1997*. The court further declared that for the purposes of paragraph 5 of the County Court's order and pursuant to section 78 of the *Family Law Act 1975*, the parties held their interests in the property in accordance with these disbursements. Additionally, all property and personal items, including superannuation interests, were to vest in the party presently in possession.