Wolkowicz and Wolkowicz

This matter concerned orders made by Brown J in relation to the division of property between a husband and wife. The primary dispute involved the sale of a property located in Victoria (the "P property") and the wife's election regarding two properties located in New South Wales (the "D properties"). The court was required to determine the conduct of the sale of the P property, the wife's options concerning the D properties, and the subsequent distribution of proceeds and assets to achieve an equal division of matrimonial assets.

The court's reasoning focused on the practical steps necessary to finalise the property settlement. Orders were made for the immediate sale of the P property, with the husband having conduct of the sale, including the appointment of agents and determination of sale terms. The wife was given a deadline to elect whether to retain the D properties, with specific financial adjustments to be made if she did so. If she did not elect to retain them, the D properties were also to be sold under the husband's conduct.

The court also addressed the possession and occupation of the properties, with the wife initially having the right to occupy the P property until a specified date, after which the husband would occupy it pending sale. The husband was granted sole occupation of the D properties pending their sale. The proceeds from the sale of the P property were to be applied first to sale costs, then to reimburse the husband for outgoings and valuation expenses, with the balance held on trust for division. If the D properties were sold, their proceeds were also to be held on trust. The ultimate aim was an equal division of matrimonial assets, including superannuation, with specific assets attributed to each party for calculation purposes. The court also made declarations regarding the wife's lack of beneficial interest in certain assets and provided for the severance of joint tenancies and the parties' sole entitlement to other property. Provisions were included for the execution of documents by a registrar in the event of the wife's default, and for the recovery of costs and damages.