Zendall and Zendall

This matter came before Macmillan J concerning the financial relationship between the Husband and Wife. The dispute involved the division of various assets, including real estate, company shares, and interests in trusts and superannuation funds, as well as the allocation of tax liabilities and indemnities. The parties sought to resolve these matters by consent.

The court was required to determine the terms of a consent order that would finally determine the financial relationship between the parties. This included specifying the payment of a lump sum by the Husband to the Wife, the transfer of various entities and properties, the allocation of tax liabilities arising from the sale of a specific property, and the division of superannuation interests. The orders also addressed the occupation of a property, indemnities for liabilities and taxation, and the return of personal items and photographs.

The court made orders by consent, reflecting the parties' agreement on the division of their financial affairs. These orders stipulated a total payment of $1,880,000 from the Husband to the Wife, to be paid in instalments. The Wife was to transfer her interests in numerous specified entities and properties to the Husband, resign from any positions within those entities, and cooperate in amending tax returns to equally share the capital gains tax liability from the sale of the J Street property. The Husband was to indemnify the Wife against certain liabilities and taxation related to the Husband's entities and properties, save for the J Street capital gains tax. Specific provisions were made for the division of the Husband's superannuation interest in the Zendall Superannuation Fund, including a splittable payment to the Wife and a restraint on the Husband from altering the nature of his interest. The orders also detailed the process for the sale of a property if the Husband defaulted on payments, the occupation of that property pending payment or sale, and the return of various personal items, photographs, and documents. The parties were also ordered to attend a religious court for the purpose of divorce, with costs to be shared equally. The court noted that the orders were intended to finally determine the financial relationship between the parties, avoiding further proceedings.