Maxted & Maxted [2025] FedCFamC1F 273 (17 April 2025)

1. That within 14 days of the date of these orders the wife transfer her right, title and interest in the property at D Street, Town E in the State of New South Wales being all the land in Folio Identifier ... ("Town E property") to the husband.
2. That the husband be responsible for all rates, taxes and other outgoings or liabilities of either party arising in respect of the Town E property, whether past, present or future, and indemnify the wife in respect to any such liability.

1. That the husband pay to the wife an amount $1,021,745.00 ("the Amount Payable") in the following manner (with each of the dates for payment called the ("Due Date"):-

(a) by payment to the wife of all monies payable to the husband from F Pty Ltd, including the payments in orders 14 and 15, up to the balance of the Amount Payable; and

(b) any remaining balance of the Amount Payable within 28 days of the date of completion of the sale of the Suburb G property by F Pty Ltd pursuant to these orders.

and that such payments be charged against the Town E property such as the wife is entitled to lodge a caveat over that property pending payment.

1. If the payments referred to in Order 5 are not made by the husband within twenty-one (21) days of compliance with Order 14(e) and 14(g), then the Town E property must be sold on the following terms and conditions:-

(a) The property must be sold by public auction;

(i) Each party shall do all such acts and things and sign all such documents and husband pay all monies as necessary to procure the sale by way of public auction of the property upon the following terms:

(ii) The real estate agent will be as agreed between the parties, but in default of agreement within 14 days the husband shall select three agents and the Wife shall select one of the three;

(iii) The auctioneer will be as agreed between the parties, but in the absence of agreement within 14 days prior to any auction scheduled to take place pursuant to these orders, as nominated by the real estate agent. The parties will be bound by that decision and will forthwith after the nomination do all acts and things reasonably necessary to engage and instruct such auctioneer;

(iv) The parties shall appoint such solicitor as agreed to act on the sale, but in default of agreement within fourteen 14 days the solicitor shall be one selected by the husband from three nominated by the wife;

(v) The contract for sale must contain such reasonable terms and conditions as agreed by the parties, but in default of agreement as determined by the solicitor having conduct of the sale, provided the completion date for the sale must not be more than 10 weeks after the contract date, unless agreed by both parties in writing;

(vi) The auction must take place within two (2) months of the listing date;

(vii) The reserve price will be as agreed upon by the parties, or in default of agreement, will be $3,355,000.00; and

(viii) The parties shall pay and be responsible for payment equally of all expenses payable before the property is auctioned, including but not limited to, the cost of any valuer appointed to determine the reserve price. In the event either party fails to make such payment as and when required, the other party shall be at liberty to make such payment and in that event shall be reimbursed from the sale proceeds.

6.2 In the event the property is not sold by auction or private negotiation within fourteen (14) days after any auction of the property required pursuant to these orders then the parties shall do all acts and things and sign all necessary documents to procure a further auction to take place within a further five (5) weeks of that date otherwise upon the same terms and conditions as applied to the previous auction, save that the reserve price must be reduced by 5%.

6.3 The parties shall each be present at any auction which takes place pursuant to these Orders and in the event the bidding at any auction does not reach the reserve price the parties shall negotiate in good faith with the highest bidders or any other interested party for a period of 14 days after the auction and must accept any offer made on the terms of the contract for sale prepared by the solicitor acting on the sale and effect the sale of the property at a price which is not more than five percent (5%) below the reserve price or at such other price as the parties may agree in writing.

6.4 That, subject to compliance with an applicable law, either the husband or the wife may bid at auction and shall provide to the other party no later than seven (7) days prior to the auction date the terms upon which that party seeks to purchase the property if they are the successful bidder and the other party shall not refuse any reasonable conditions.

6.5 The parties shall co-operate in every way with the nominated real estate agent, including (without limiting the obligations of each party):-

(a) doing or saying nothing to hinder or prevent a sale from being effected;

(b) the husband shall ensure the property including the grounds, are in a neat and clean condition at the time of inspection by the Real Estate Agent and any prospective purchasers; and

(c) providing all information, signing all documents and providing instructions as requested by the Real Estate Agent or solicitor in relation to the sale of the property.

(d) making all keys available to the Real Estate Agent and allowing inspection of the property at all reasonable times requested by the Real Estate Agent;

1. That upon completion of the sale of the Town E property the proceeds of sale shall be paid and applied by the parties in the following order and priority:-

(a) in payment of all costs of sale including legal/conveyancing fees and real estate agent's commission and auction expenses (if any);

(b) in payment of any outgoings outstanding on the property at the time of completion;

(c) in payment to the husband or wife of any amount paid by either of them in relation to the sale;

(d) in payment to the wife of the amount required by order 5 (being $1,021,744 or the balance thereof) and any remaining amount of order 14(g) if relevant, together with interest on that amount at the rate prescribed by the Rules from the date of the listing of the property until the completion of the sale; and

(e) the balance of the proceeds of the sale to the husband.

1. Pending the payment to the wife of the amount(s) in Order 5(a) and 5(b), the husband be restrained from dealing with this interest in the Town E property in any manner, other than in compliance with these orders or with the consent of the wife, including but not limited to:-

(a) taking any action to encumber, charge, mortgage or use the property as security in any way;

(b) dispose of his interest by way of sale, transfer or otherwise; or

(c) create any further interest affecting the property or his interest in the property.

Transfer of Wife's interest in Business entities

1. That in respect of her interest in Maxted Enterprises Pty Ltd, J Pty Ltd and the J Unit Trust the wife, within 28 days of the date of this order, do all acts and things at the cost of the wife to:-

(a) transfer any shares or units that she may hold in any of these entities to the husband; and

(b) resign any office holding that she may have in each company or trust.

1. That from the date of these Orders, the husband shall indemnify the wife against any claim, debt, tax, penalty, liability, cost or expense of any nature and whether past, present or future for which she may in any way become liable, or which may be made against her, in respect of her involvement as a trustee or as a shareholder or office holder of any of the entities referred to in the preceding order, including but not limited to any claim made against her by any of those entities in respect to any loan account held with any of those entities.

1. Within seven (7) days of the date of these orders the parties must each do all acts and things necessary, including instructing K Pty Ltd to prepare and lodge with ASIC any required documents, to do the following in relation to F Pty Ltd:-

(a) transfer the one share that he holds in the company into the joint names of the husband and wife; and

(b) cause the wife to be appointed as a further director of the company.

1. That 21 days of the date of these orders, that the parties, in their capacity as directors of F Pty Ltd, do all acts and things necessary to cause the sale of the property at L Street, Suburb G being all the land in Folio Identifier ... (the "Suburb G Property") on the following terms:-

(a) The real estate agent will be M Real Estate and the parties shall forthwith do all acts and things reasonably necessary to engage and instruct such agent;

(b) The auctioneer will be as nominated by the real estate agent. The parties will be bound by that decision and will forthwith after the nomination do all acts and things reasonably necessary to engage and instruct such auctioneer;

(c) The parties must within 7 days of the date of these orders appoint N Law Firm to act as solicitors for F Pty Ltd on the sale and the parties must do all acts and things reasonably necessary to engage and instruct that solicitor;

(d) The contract for sale must contain such reasonable terms and conditions as agreed by the parties, but in default of agreement as determined by the solicitor having conduct of the sale, provided the completion date for the sale must not be more than 10 weeks after the contract date, unless agreed by both parties in writing;

(e) The auction must take place within two (2) months of the date of these orders;

(f) The reserve price will be as agreed upon by the parties, or in default of agreement will be $2,100,000.00;

(g) The parties must cause F Pty Ltd to pay and be responsible for payment of all expenses payable before the property is auctioned and in the event F Pty Ltd has insufficient funds, then the parties must pay such costs equally;

(h) In the event the property is not sold by auction or private negotiation within fourteen (14) days after any auction of the property required pursuant to these orders then the parties shall do all acts and things and sign all necessary documents to procure a further auction to take place within a further five (5) weeks of that date otherwise upon same terms and conditions as applied to the previous auction, save that the reserve price must be reduced by 5%;

(i) The parties shall each be present at any auction which takes place pursuant to these orders and in the event the bidding at any auction does not reach the reserve price the parties shall negotiate in good faith with the highest bidders or any other interested party for a period of 14 days after the auction and must accept any offer made on the terms of the contract for sale prepared by the solicitor acting on the sale and effect the sale of the property at a price which is not more than five percent (5%) below the reserve price or at such other price as the parties may agree in writing;

(j) The parties shall co-operate in every way with the nominated real estate agent, including (without limiting the obligations of each party):-

(i) making all keys available to the Real Estate Agent and allowing inspection of the property at all reasonable times requested by the Real Estate Agent;

(ii) doing or saying nothing to hinder or prevent a sale from being effected;

(iii) the husband ensuring the property including the grounds, are in a neat and clean condition at the time of inspection by the Real Estate Agent and any prospective purchasers; and

(iv) providing all information, signing all documents and providing instructions as requested by the Real Estate Agent or solicitor in relation to the sale of the property.

1. That within 7 days of F Pty Ltd entering into a contract for sale of the Suburb G property the parties do all acts and things necessary to instruct K Pty Ltd to certify to the parties as to the estimated amount of the tax liability of F Pty Ltd in the year of the contract date together with any other outstanding liabilities of F Pty Ltd, including but not limited to accountancy fees, up to the deregistration of F Pty Ltd as provided for in these orders (the "Estimated Liability Amount").
2. That upon completion of the sale of the Suburb G property, the parties cause the proceeds of sale to be distributed in the following order and priority:-

(a) in payment of all costs of sale including legal/conveyancing fees and real estate agent's commission and auction expenses (if any);

(b) in payment of any outgoings outstanding on the property at the time of completion;

(c) in repayment of loan account numbers ...27 and ...19 from National Australia Bank (the "F Pty Ltd Loan accounts");

(d) in payment of any other amount required to discharge mortgage ... to O Bank;

(e) subject to order 5(a) above, at the direction of the husband, to pay an amount equal to 55% to the wife and 45% to the husband of the amount of $162,601.00 due to the husband in respect to his loan account with F Pty Ltd, in discharge of the amount due and payable by F Pty Ltd to the husband in respect to his loan account;

(f) to retain in a controlled monies account to be opened in the joint names of the party's respective legal representatives ("Controlled Monies account") an amount equal to the Estimated Liability Amount plus 20%; and

(g) subject to order 5(b) above, to cause the balance to be paid as a dividend to the parties in accordance with their joint shareholding in respect to the balance of monies, and to then cause such amounts referable to the dividend to be paid as to 55% to the wife and 45% to the husband.

1. That within 7 days of completion of the sale of the Suburb G Property the parties do all acts and things to cause F Pty Ltd to do the following in the priority shown, namely:-

(a) cause the F Pty Ltd Loan accounts to be closed;

(b) to cause any funds held in any accounts of F Pty Ltd to be paid into the Controlled Monies account and thereafter cause any income or capital payments due to the company to be paid into the Controlled Monies account;

(c) instruct the company accountants to prepare and submit to the Australian Taxation Office any taxation returns required by the company, and pay any properly incurred expense for that purpose from the Controlled Monies account;

(d) to cause any properly incurred liabilities of the company, including but not limited to, assessed tax and accountancy fees consequent upon the preparation and finalisation of any necessary financial statements and taxation returns to be paid out of the Controlled Monies account;

(e) subject to order 5(b) above, to cause any remaining funds in the Controlled Monies account to be paid as a dividend to the parties in accordance with their joint shareholding in F Pty Ltd, and to then cause such amounts referable to the dividend to be paid as to 55% to the wife and 45% to the husband; and

(f) that following the completion of the arrangements in the preceding order, the parties do all acts and things necessary to cause F Pty Ltd to be deregistered and pay equally any remaining accountancy or other fees in respect to such action.

1. That the husband indemnify the wife, on a continuing basis, against any claim, debt, tax, penalty, liability, cost or expense of any nature and whether past, present or future for which she may in any way become liable, or which may be made against her, in respect of her involvement as a shareholder or office holder of F Pty Ltd, other than in respect to income tax payable by her in respect to any dividend she receives from the company.
2. That pending the sale of the Suburb G property each party shall:-

(a) cause all income from the Suburb G property to be paid into the account held by F Pty Ltd with P Bank being account BSB ... account number ...69 (the "Everyday account");

(b) cause all outgoings payable on the Suburb G property (including but not limited to all land tax, council rates, water rates and insurances) and periodic instalments the F Pty Ltd Loan accounts to be paid from funds in the Everyday account;

(c) be restrained otherwise from withdrawing funds from the F Pty Ltd Loan accounts, the Everyday account or the O Bank Offset Savings Account No. ...72 or any other account of F Pty Ltd with a financial institution, without the prior consent in writing of the other party; and

(d) be restrained from selling, transferring, encumbering or otherwise doing any act or thing or entering any transaction or dealing in respect to the assets or liabilities of F Pty Ltd, including but not limited to the Suburb G property, other than in accordance with these orders, without the prior consent in writing of the other party.

1. For the purpose of the following Orders "Super Fund" means the Maxted Super Fund being the parties' self-managed superannuation fund.
2. It is NOTED in relation to the Super Fund that:

(a) The Super Fund that was established under a Deed of Trust dated 23 May 2016. The rules governing the operation of the Super Fund are contained in the Deed of Trust (the Rules).

(b) The Wife and the Husband are the only members of the Super Fund.

(c) The trustee of the Super Fund is a corporation Maxted Holdings Pty Ltd (Trustee) and the Husband and the Wife are only Directors of that corporation.

(d) The trustee has an interest in two real properties, being Q Street, Suburb R, NSW in the state of New South Wales being the whole of the land comprised in Folio Identifier ... (Suburb R Property) and S Street, Suburb G, in the state of New South Wales Queensland being the whole of the land comprised in Folio Identifier ... (S Street Property).

(e) The S Street Property is held by Maxted Investments Pty Ltd (Bare Trustee) pursuant to a bare trust arrangement to comply with the limited recourse borrowing arrangements under superannuation law. The S Street Property is subject to a mortgage to the Commonwealth Bank of Australia.

(f) The Suburb R Property is held in the name of the Trustee and is not subject to any secured loan.

(g) The Husband has a member account in the Super Fund and in accordance with section 90XT(2) of the Family Law Act 1975 (Cth), as at 30 June 2024 the withdrawal benefit was $1,844,649.08.

(h) The intention of these orders is to create an interest for the Wife in the Super Fund of an amount equal to 55% of the parties combined member's benefits in the Super Fund after the sale of the S Street Property and the re-valuation of the Suburb R Property to the sum of $1,160,000.00 (exclusive of GST) in the accounts of the Super Fund.

(i) The interest of the Wife is to be achieved by first splitting 100% of the Husband's interest to the Wife and immediately after that split is effected causing 45% of the Wife's interest thus created to be split to the Husband. The interests of the parties are to be calculate following the sale of the S Street Property following which the Wife is to roll-over her interest to another complying fund.

(j) The parties being the only officeholders of the Trustee, Trustee has been accorded procedural fairness in relation to the making of these orders.

1. An order that the parties do all acts and things to cause the Trustee and Bare Trustee to cause the S Street Property to be sold as soon as reasonably practicable and at the best price reasonably available on the open market, on the following terms and conditions:-

(a) The property must be sold by public auction;

(b) Each party shall do all such acts and things and sign all such documents to procure the sale by way of public auction of the property upon the following terms:

(i) The real estate agent will be as agreed between the parties, but in default of agreement within 21 days of the date of these orders, the agent will be one selected by the Wife from three proposed by the Husband and the parties will do all acts and things reasonably necessary to engage and instruct such agent;

(ii) The auctioneer will be as agreed between the parties, but in the absence of agreement within 14 days prior to any auction scheduled to take place pursuant to these orders, as nominated by the real estate agent. The parties will be bound by that decision and will forthwith after the nomination do all acts and things reasonably necessary to engage and instruct such auctioneer;

(iii) The parties shall appoint such solicitor as agreed to act on the sale, but in default of agreement within 21 days of the date of these orders, the solicitor will be one selected by the Husband from three proposed by the Wife and the parties must do all acts and things reasonably necessary to engage and instruct that solicitor;

(iv) The contract for sale must contain such reasonable terms and conditions as agreed by the parties, but in default of agreement as determined by the solicitor having conduct of the sale, provided the completion date for the sale must not be more than 10 weeks after the contract date, unless agreed by both parties in writing;

(v) The auction must take place within two (2) months of the date of these orders;

(vi) That, subject to compliance with an applicable law, either the husband or the wife may bid at auction and shall provide to the other party no later than seven (7) days prior to the auction date the terms upon which that party seeks to purchase the property if they are the successful bidder and the other party shall not refuse any reasonable conditions.

(vii) The reserve price will be as agreed upon by the parties, or in default of agreement at the sum of $3,500,000.00 exclusive of GST;

(viii) In the event the property is not sold by auction or private negotiation within fourteen (14) days after any auction of the property required pursuant to these orders then the parties shall do all acts and things and sign all necessary documents to procure a further auction to take place within a further five (5) weeks of that date otherwise upon same terms and conditions as applied to the previous auction, save that the reserve price must be reduced by 5%;

(ix) The parties must each be present at any auction which takes place pursuant to these orders and in the event the bidding at any auction does not reach the reserve price the parties shall negotiate in good faith with the highest bidders or any other interested party for a period of 14 days after the auction and must accept any offer made on the terms of the contract for sale prepared by the solicitor acting on the sale and effect the sale of the property at a price which is not more than five percent (5%) below the reserve price or at such other price as the parties may agree in writing;

(x) Unless otherwise agreed in writing, the husband in his capacity as director of Maxted Enterprises Pty Ltd, J Pty Ltd, and the J Unit Trust and in his personal capacity, shall ensure that each entity vacate the S Street Property within 14 days prior to the contract completion date for the sale of that property, and all items of plant and equipment are removed from the property (including the personal property of the husband) and the property is left in a clean and tidy state and that until vacant possession is provided the husband either personally or through any of the above entities shall pay rent of $750.00 per week to the Super Fund together with any utilities payable on that property;

(xi) The parties shall co-operate in every way with the nominated real estate agent, including (without limiting the obligations of each party):-

1. making all keys available to the Real Estate Agent and allowing inspection of the property at all reasonable times requested by the Real Estate Agent;
2. doing or saying nothing to hinder or prevent a sale from being effected;
3. the husband ensuring the property including the grounds, are in a neat and clean condition at the time of inspection by the Real Estate Agent and any prospective purchasers; and
4. providing all information, signing all documents and providing instructions as requested by the Real Estate Agent or solicitor in relation to the sale of the property.

1. That upon completion of the sale of the S Street Property the parties shall cause the Trustee and the Bare Trustee to apply the proceeds of sale in the following order and priority:

(a) in payment of agent's commission and legal or conveyancing costs;

(b) in payment of any outstanding rates and taxes on the property;

(c) in payment of any amounts secured by mortgage over the property to discharge the mortgage over that property; and

(d) the balance of funds to be paid into the account of the Super Fund.

1. That in accordance with section 90XT(1)(b) of the Family Law Act 1975 (Cth):

(a) the Wife is entitled to be paid the specified percentage being 100% out of the Husband's interest in the Super Fund;

(b) the Husband's entitlement to the amount in his member account (and the entitlement of any other person to payments out of the Husband's interest) in the Super Fund is correspondingly reduced; and

(c) this will be referred to as Splitting Order 1.

1. That the Super Trustee do all acts and things and sign all documents as may be necessary to:

(a) calculate, in accordance with the requirements of the Family Law Act 1975 (Cth) and Family Law (Superannuation) Regulations 2025 (Cth) the entitlement awarded to the Wife in preceding order; and

(b) pay the entitlement whenever the Trustee makes a splittable payment out of the Husband's interest in the Super Fund.

1. Splitting Order 1 operates from Operative Time 1.
2. That in accordance with section 90XT(1)(b) of the Family Law Act 1975 (Cth):

(a) the Husband is entitled to be paid the specified percentage, being 45% out of the Wife's interest in the Super Fund; and

(b) the Wife's entitlement to the amount in her member account (and the entitlement of any other person to payments out of the Wife's interest) in the Super Fund is correspondingly reduced; and

(c) this will be referred to as Splitting Order 2.

1. That the Trustee do all acts and things and sign all documents as may be necessary to:

(a) calculate, in accordance with the requirements of the Family Law Act 1975 (Cth) and Family Law (Superannuation) Regulations 2025 (Cth) the entitlement awarded to the Husband in the preceding order; and

(b) pay the entitlement whenever the Trustee makes a splittable payment out of the Wife's interest in the Super Fund.

1. Splitting Order 2 operates from Operative Time 2.
2. The operative times for Splitting Order 1 and Splitting Order 2 to operate are as follows:

(a) firstly, Operative Time 1 is the beginning of the day of the transfer of the transferable benefit under Splitting Order 1; and

(b) secondly, Operative Time 2 is immediately following the operation of Operative Time 1.

1. The service of this Order will be deemed to have occurred on the date of the Order by reason of the parties in their capacity as directors of the Trustee of the Super Fund and the Court notes this will enliven the operating standards under Part 7A of the Superannuation Industry (Supervision) Regulations 1994 (Cth).
2. That within 28 days after the following events occur, namely:-

(a) service by the Trustee, on behalf of the Super Fund, of the payment split notice following the implementation of Splitting Order 2 in accordance with regulation 7A.03 of the Superannuation Industry (Supervision) Regulations 1994 in accordance with the operating standards under the Superannuation Industry (Supervision) Regulations 1994, and

(b) completion of the sale of the S Street Property,

the Wife shall do all acts and things and sign all such documents as may be necessary, including but not limited to exercising her request in accordance with regulation 7A.06 of the Superannuation Industry (Supervision) Regulations 1994 (the Wife's regulation 7A06 request) for the transfer of the transferable benefits (defined in regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994) from the Super Fund to the Wife's interest in a complying superannuation fund nominated by the Wife (Wife's New Super Fund).

1. That within 7 days of receipt of the wife's regulation 7A.06 request the parties shall cause the Trustee to do all things necessary to cause the Super Fund's accountants to prepare an updated Financial Statement (the New Financial Statement) for the Super Fund, including to re-calculate the withdrawal benefit of each member, and then serve the New Financial Statement on the parties, noting that the New Financial Statement should include the Suburb R property being revalued to $1,160,00.00 exclusive of GST, an allowance for any accrued taxation liability of the Super Fund (including any capital gains tax arising from the sale of the S Street property), any cost to comply with these orders and the cost of preparation of the New Financial Statement.
2. That the parties shall, convene a meeting within 3 business days of receipt of the New Financial Statement and in that meeting do all such acts and things, and sign all such documents as may be necessary to allow the transfer in accordance with regulation 7A.12 of the Superannuation Industry (Supervision) Regulations 1994 to the Trustee of the wife's New Super Fund of her withdrawal benefit relating to her interest created in the Super Fund pursuant to these orders and to thereafter carry out that transfer.
3. That following compliance with preceding orders relating to the superannuation interests, the wife shall forthwith and within 7 days to do all things and sign all documents as may be necessary as to:-

(a) resign as a director of the Trustee;

(b) resign as a director of the Bare Trustee; and

(c) transfer her shares in the Trustee and Bare Trustee to the Husband.

1. Pending the implementation of the arrangements in preceding orders relating to the parties' superannuation interests:-

(a) Each party is restrained from dealing with, charging, encumbering or disposing of any asset or liability of the Super Fund other than in accordance with these orders, without the prior written consent of the other party; and

(b) Each party shall immediately revoke any binding death benefit nomination already made and each party be, and is hereby restrained from:

(i) making any binding death nomination in favour of a child described in regulation 13 of the Family Law (Superannuation) Regulations 2025 (Cth);

(ii) making any other nomination where the effect of such nomination would be to render any splittable payment not splittable; and

(iii) doing any such act or thing which would defeat, extinguish or reduce the entitlement of either party under these orders.

1. Subject to her compliance with these orders so far as they relate to the superannuation interests of the parties, the husband indemnify the wife, on a continuing basis, against any claim, debt, tax, penalty, liability, cost or expense of any nature and whether past, present or future for which she may in any way become liable, or which may be made against her, in respect of her involvement as a trustee or as a shareholder or director of the Super Fund, Trustee or Bare Trustee, including any claim made against her by any of those entities.

1. That within 7 days of these orders the husband do all acts and things to cause the funds held by him on trust for the children to be paid equally into the children's ANZ Bank accounts.
2. That the parties on an agreed date and time but within 21 days of these orders exchange the following chattels:-

(a) The wife will make available for collection from the Suburb C property by the husband or his nominated representative the following chattels as are located at the Suburb C property:-

(i) one pinball machine;

(ii) 3 juke boxes;

(iii) 3 slot machines;

(iv) model cars;

(v) one glass display cabinet;

(vi) one signed sports Jersey;

(vii) one framed memorabilia flag;

(viii) in the event she is able to locate it, one framed memorabilia photo; and

(ix) boxes of car parts.

(b) The husband deliver to the wife or her nominated representative when collecting the items in paragraph (b) from the Suburb C property the following chattels as are located at the Town E property:-

(i) the blue and white dinner set previously owned by wife's grandmother;

(ii) the contents of the wardrobe previously used by the wife at Town E, including all of the wife's clothing, hats, cosmetics and perfume;

(iii) the wife's sporting equipment;

(iv) the remainder of the sporting equipment previously used by the children;

(v) the framed poem; and

(vi) the easter decorations previously located in the hallway at Town E.

1. That subject to the preceding orders, the wife be declared the sole owner of the following:-

(a) any account held with a financial institution in her sole name;

(b) all furniture and contents contained in the Suburb C property, including but not limited to any remaining pinball machines;

(c) Motor Vehicle 1; and

(d) the chattels listed in order 37(b).

1. That subject to the preceding orders, the husband be declared the sole owner of the following:-

(a) any account held with a financial institution in his sole name;

(b) the cash funds in his possession;

(c) Motor Vehicle 2;

(d) Motor Vehicle 3;

(e) Motor Vehicle 4;

(f) Motor Vehicle 5;

(g) Motor Vehicle 6;

(h) Motor Vehicle 7;

(i) Boat and trailer;

(j) Recreational vehicle;

(k) Recreational vehicles x 2 - Town E;

(l) Tractor - Town E;

(m) Excavator - Town E;

(n) Box Trailer - Town E;

(o) Tipper - Town E;

(p) Unregistered Motor Vehicle 8 - Town E;

(q) Unregistered Motor Vehicle 9 - Town E;

(r) Town E plant and equipment;

(s) the furniture and contents contained within the Town E property; and

(t) the chattels listed in order 37(a).

1. That subject to any other provision in these orders, each party be liable for, and indemnify the other party against, any liability relating to any item of property retained by that party pursuant to the previous order or held in their sole name, including but not limited to:-

(a) any personal taxation liability;

(b) any personal loans in their name; and

(c) any credit card debt.

1. In the event either party fails to execute any document or instrument necessary to give effect to these orders within 7 days of a request in writing, then the Registrar or a Deputy Registrar of this Court be appointed pursuant to Section 106A of the Family Law Act 1975 (Cth) to execute any such document or instrument in the name of that party and do all acts and things otherwise to give validity and operation to these orders.
2. There be liberty to each party to apply regarding the implementation of these orders.
3. That each party bear their own costs of and incidental to the proceedings.

1. Each party acknowledges the right of the other party, subject to law, to bid at the auction sale of any property referred to in these orders.
2. That the wife is to receive 55% and the husband 45% of the net property pool as identified in the joint balance sheet.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Maxted & Maxted has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. The matter before me is an application for alteration of property interests. The final hearing of this matter commenced on Monday 14 April 2025, settled in principle on Tuesday, but required the Court's assistance on Wednesday to finalise the precise terms of the orders to be made.
2. The parties and their lawyers are to be commended on reaching the settlement that they did, which was in general terms a 55-45 split between the wife and the husband. The parties had a long marriage. They started with next to nothing and as a result of decades of hard work have accumulated considerable assets. There is no doubt in the Court's mind that the split they agreed to is a just and equitable one.
3. The complexity of their financial affairs did necessitate the exertion of considerable time and skill on the part of their lawyers to prepare the appropriate documentation. The parameters of the dispute in respect of which I need to adjudicate was quite limited, and I will refer to this in passing presently. There were three relevant documents. Firstly, the husband's proposed orders became MFI1. Secondly, the wife's proposed orders became MFI2, and thirdly, the final amended joint balance sheet became Exhibit B.
4. It would be fair to say that both sets of proposed orders sought to implement the agreed settlement of 55-45, in the wife's favour, but did so in slightly different ways. I was assisted by submissions made by capable counsel representing both the husband and the wife. I am satisfied that I have the powers to adjudicate on these discrete issues arising from sections 79 and 80 of the Family Law Act 1975 (Cth). The evidence on which I could turn to for the purposes of adjudicating these discrete issues is somewhat problematic in that the agreed settlement rendered the evidence contained in the parties' affidavits and tender bundles irrelevant as their dispute and competing proposals had crystallised into a settlement.
5. Nonetheless, as I indicated to the parties, given the issues I was asked to adjudicate on, I would need to consider the competing proposed orders sought by each of them at the commencement of the hearing. Thus, I had regard to their respective Case Outline Documents filed 10 April 2025, the Amended Application for Final Orders filed on 17 February 2025 and Amended Response to Final Orders filed 26 February 2025 setting out the orders they proposed.
6. The orders I have made, therefore, are largely by consent, in the sense that they implement the agreed 55-45 split in favour of the wife. The orders are not by consent, in the sense that in discrete places I have had to choose between competing drafting approaches. The order I make is a composite of both minutes of orders proposed, but on balance, I have adopted most of the drafting preferences contained in the wife's document.
7. I have not accepted the submission that the wife should be able to unilaterally nominate the solicitor, agent, and auctioneer for sale. There was no evidence to support her counsel's submission that this would avoid delay and disputation. There was no explanation proffered as to why her proposal in the document that she proffered as final orders, differed from her proposed orders in relation to the same issues at the commencement of this hearing. I further note that the wife also wisely withdrew her contention about the reserve price at auction of the properties, all of which had an agreed value in the balance sheet, which was achieved through expert evidence.
8. As mentioned to the parties on several occasions, given the complexity of the implementation of the agreed settlement, they will have leave to restore before me so that I can adjudicate any issues about interpretation, implementation or enforcement of these orders.
9. I could discern no rational basis for the wife's claim to be paid $150,000 in cash, seemingly because the husband had it available to him, and one infers she contended she had greater need. This was not part of the claim when this case commenced on Monday. Perhaps there was an element of opportunism to this. In any event, there is no evidence on which I could transparently make the order that she seeks.
10. Having said that, I much preferred the drafting in the wife's proposed orders in relation to the sale and division of property held through F Pty Ltd, the default provisions should the husband not be able to pay the agreed cash payment to her, the splitting of the parties' self-managed superannuation funds and the other general orders. In each case, the orders drafted on her behalf were much more precise and, in my opinion, less likely to lead to misinterpretation.
11. I acknowledge that there is a risk that some error has been made by myself in creating a composite from two similar, but not identical, and nonetheless complex proposed orders given the limited time available and the nuanced nature of the drafting differences. If a clerical error has been made, the parties have leave to relist before me so that any errors may be corrected.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the ex-tempore Reasons for Judgment of the Honourable Justice Altobelli.