Wilkinson and Wilkinson

In *Wilkinson and Wilkinson*, Hannam J made orders concerning the property settlement between a husband and wife. The dispute centred on the division of assets, including the former matrimonial home, cash, personal effects, and superannuation entitlements.

The court was required to determine how the parties' various assets and liabilities should be divided and to make orders that would effectuate this division. This involved determining the respective entitlements of each party to the former matrimonial home, and the financial adjustments necessary to achieve an equitable outcome.

Hannam J ordered that the wife pay the husband a sum of $421,951 within eight weeks, at which point the husband was to transfer his interest in the former matrimonial home to the wife, and the wife was to discharge the existing mortgage. The orders also declared each party to be the sole legal and beneficial owner of their respective cash, personal effects, and superannuation. In the alternative, if the wife failed to make the payment, the husband was to pay the wife $632,926, and she would then transfer her interest in the home to him, with him discharging the mortgage. Should neither party comply with these initial payment provisions, the former matrimonial home was to be listed and sold by public auction, with the proceeds to be disbursed in a specific order, including the discharge of the mortgage, sale costs, legal costs, outstanding utilities, and the balance to be divided 60 per cent to the wife and 40 per cent to the husband. The court further stipulated that if either party failed to sign necessary documents for fourteen days, the Registrar of the Family Court could execute such documents on their behalf pursuant to section 106A of the *Family Law Act 1975*.