Baker & Starskey

This matter concerned an application before Judicial Registrar Loughnan concerning property settlement between a wife and husband. The dispute involved the division of assets, including real property and superannuation interests, and the discharge of existing mortgages.

The court was required to determine the appropriate orders for the transfer of property, the division of superannuation entitlements, and the discharge of mortgages. Key issues included how to effect the transfer of the matrimonial home, the allocation of a portion of the husband's superannuation to the wife, and the procedural steps required to implement these divisions, including the roles of the parties and the superannuation fund trustees.

Judicial Registrar Loughnan ordered that the wife pay a specified sum to the husband within 35 days, upon which the husband was to transfer his interest in the matrimonial home to the wife and discharge existing mortgages. The wife was allocated a base amount from the husband's interest in the Starskey Superannuation Fund, with the husband's entitlement correspondingly reduced, in accordance with section 90MT(1)(b) of the *Family Law Act 1975*. The orders detailed the process for the superannuation fund trustees to calculate and pay the wife's entitlement, and for the parties to facilitate the transfer of benefits to a new fund for the wife and the consolidation of the husband's remaining interest. The orders also addressed the parties' respective entitlements to other property, liabilities, and the appointment of the Registrar as an executing party in the event of default.