property dispute

In Blackwell & Scott (2017), the Full Court considered whether the Trial Judge had made an error by setting aside consent orders that were entered into by the parties.

These property consent orders were made; which were to an equal division. In order to give effect to this equal division of property, the parties negotiated and entered into consent orders that provided for (in summary):

1. a property held in the husband’s sole name be sold and the parties were to share equally in any proceeds of sale exceeding $440,000;
2. pending the sale, the husband will be responsible for the mortgage payments, outgoings and other expenses;
3. that the husband retain a second property also held in his sole name and on the payment by him to the wife of $130,000 within 90 days of the orders, the wife shall relinquish any right, title and interest in this property; and

The husband breached the consent orders and did not make the $130,000 payment that he was required to make to the wife within 90 days. [...]  READ MORE →