Bardsen and Bardsen

In Bardsen and Bardsen, heard before Judge McGuire, the parties sought to resolve their financial and property matters following separation. The dispute involved the division of various assets and liabilities, including business interests, real property, personal chattels, bank accounts, and superannuation entitlements.

The court was required to determine the appropriate distribution of these assets and liabilities between the husband and wife, and to make orders that would finally determine their financial relationship. A key issue was the division of superannuation interests, necessitating specific orders to comply with the Family Law Act 1975 and its associated regulations, including the allocation of a base amount and the establishment of a splittable payment for the husband from the wife's superannuation fund.

The court ordered a lump sum payment from the husband to the wife, with a contemporaneous transfer of various assets from the wife to the husband, and vice versa, to achieve an equitable division. The husband was also ordered to indemnify the wife against specific liabilities incurred since separation and those attaching to the assets he retained, while the wife was similarly responsible for her own post-separation liabilities. The orders also addressed the winding up of a partnership, the wife's continued occupation of the former residence, and detailed provisions for the division of superannuation, including binding the superannuation fund trustee and restraining the wife from diminishing the husband's allocated interest. The overarching intention of the orders was to finally determine the financial relationship between the parties.