Dispute over Property and Financial Interests Leads to Court Battle between Husband and Wife

On July 27, 2022, the Court published its decision in the case of Filby & Northcott [2022] FedCFamC1F 529 and outlined the parameters for what would achieve justice and equity for both parties.  The Court instructed the parties to attempt to negotiate a final agreement on the form of order, and if they were unable to come to an agreement, to file their orders by August 17, 2022.

Since the publication of the Court's decision, the husband's solicitors sent a letter on August 4, 2022, including a draft of the final orders and an explanation for them.  The wife filed her minute of order on August 17 and sent an email on August 29 to remind everyone of the orders sought.  On August 30, there were oral submissions received from both counsels and the husband filed a written response on September 7, which addressed a written submission from the wife filed on September 2.

The wife felt the need to make a further submission on September 9 to correct and respond to the husband's submissions, but also stated that she did not want to engage in any further dialogue.  The husband filed a final submission on September 14, stating that there was no provision for continual submissions but that a response was required.

This order discharges all previous property orders except for the costs of either party.  The husband is authorized to complete and file tax returns for entities mentioned in another order.  The order sets compliance deadlines and details the responsibilities of both the husband and wife.  The settlement date is 90 days from the order's date and the husband must pay $762,150 to the wife's trust account.  The wife is entitled to 100% of a super fund payment and the husband must resign as a member and trustee of the fund after the superannuation split.

This order binds the trustees of the fund.  This is a court order outlining the terms of a property settlement between a husband and wife.  Within 90 days, the husband must transfer the property at AJ Street, AG Town, Queensland to the wife without mortgage encumbrance.  The wife will retain the properties at AA Street, Town BB, furniture and contents, bank account balances, superannuation entitlements, and interests in CF Company, BU Company, BV Pty Ltd, and BW Pty Ltd. 

The wife will also receive interim property payments of $150,000.00 and $12,000.00. Within 30 days, the husband must transfer the Motor Vehicle 2 to the wife.  The wife will be responsible for debts in her name, but the husband will be responsible for the debt owed to XX Bank.  The wife must resign from any positions she holds in the Filby entities and the husband must indemnify her in respect of any taxation liabilities of V Pty Ltd.  If the National Australia Bank pursues either party in regards to liabilities, they will be jointly responsible. If either party fails to sign necessary documents, the Registrar of the Court may do so on their behalf.  Both parties may share a copy of the court order with their financer, accountant, and government departments.  The order is binding on both parties' heirs, executors, and assigns, and the husband must pay the wife $49,150 within 30 days. Both parties have the liberty to apply to the court.