Bennison and Bennison (No. 2)

In the matter of *Bennison and Bennison (No. 2)*, Kent J of the Family Court of Australia made orders concerning the management and sale of a property and the subsequent distribution of funds from a superannuation fund. The dispute involved the Husband and Wife, who were joint trustees of the Bennison Superannuation Fund.

The court was required to determine the appropriate orders for the sale of a property located at V Street, W Suburb, and the subsequent management and distribution of funds from the Bennison Superannuation Fund. This included establishing procedures for listing, advertising, and conducting the auction of the property, as well as outlining the steps for rolling out the superannuation entitlements of both parties and winding up the fund.

Kent J ordered the establishment of a joint bank account for the Bennison Superannuation Fund, into which existing funds were to be transferred. The Husband and Wife were jointly ordered to sell the W Suburb property by auction, with detailed provisions regarding the appointment of agents and auctioneers, advertising, inspections, and the setting of a reserve price. Injunctions were imposed to prevent the unilateral withdrawal of funds from the superannuation account, except for specified purposes. Following the sale, the parties were to instruct their accountants to prepare updated balance sheets, set aside liabilities and taxes, and then roll out their respective membership entitlements to separate superannuation funds. The Bennison Superannuation Fund was to be wound up after all liabilities and taxes were paid. The Wife was restrained from drawing on her rolled-out superannuation entitlement without the Husband's written consent.