BELLENGER & BELLENGER

Berman J made orders in a property settlement dispute between a husband and wife. The core of the dispute concerned the division of property and the financial entitlements of each party.

The court was required to determine the terms of a final settlement of property, including the payment of a specific sum by the husband to the wife, the treatment of a property located in Suburb C, and the division of various assets including bank accounts, motor vehicles, and superannuation entitlements. The court also had to address the specific superannuation entitlements of the wife in the Public Service Superannuation Scheme (PSS Scheme) and the husband's corresponding entitlement under the *Family Law Act 1975* (Cth) and associated regulations.

The court ordered that the husband pay a settlement sum of $72,486 to the wife within sixty days. Pending this payment, the husband was restrained from dealing with the Suburb C property. In the event of default, the property was to be sold, with the proceeds applied first to sale costs, then to discharge encumbrances, then to the settlement sum (with default interest), and any balance to the wife. The husband was to retain his interest in the Suburb C property, subject to the settlement payment, along with his bank accounts, motor vehicle, superannuation, and personal effects. The wife was to retain her bank accounts, motor vehicle, superannuation (subject to the orders), and personal effects. Specific provisions were made for the division of the wife's PSS Scheme superannuation, entitling the husband to a calculated amount of $53,912 at the operative time, with the trustee to facilitate the payment and reduction of the wife's entitlements. Each party was to be solely responsible for their own debts. All matters were to be removed from the active pending list.