BARTLETT & SHOLL

This matter concerned an application before Judge McGuire, where the parties, Ms. Bartlett and Mr. Sholl, sought orders regarding the division of their property. The application proceeded undefended, indicating that one party did not participate in the proceedings. The core of the dispute involved the allocation of various assets, including superannuation funds, personal property, and bank accounts, between the husband and wife.

The court was required to determine the appropriate distribution of the parties' financial resources, with a particular focus on superannuation entitlements. This involved considering the provisions of the *Family Law Act 1975*, specifically sections 90MT(1)(a) and 90MT(4), which govern the splitting of superannuation interests in family law proceedings. The court also had to address the practical implementation of these orders, including the role of superannuation trustees and the potential for caveats on property titles.

Judge McGuire applied the principles of property division under the *Family Law Act 1975*, making specific orders for the allocation of assets. The husband was granted sole entitlement to the Sholl Family Super Fund, his superannuation policies, personalty, motor vehicles, boat, and bank accounts in his possession. The wife received the proceeds from the sale of her plant and equipment, personalty, motor vehicle, and bank accounts under her control, as well as her superannuation benefits. Crucially, the court ordered the transfer of specific monetary amounts from the wife's interests in the [H] Super Fund and [B] Superannuation Fund to the husband, pursuant to s.90MT(4), and made corresponding reductions in the wife's entitlements under s.90MT(1)(a). The court also directed the wife to withdraw a caveat lodged against the husband's Queensland property and empowered the Registrar to sign necessary documents to give effect to these orders.