Berry and Ingram

In this matter before Loughnan J, the parties, referred to as the wife and the husband, sought a property settlement. The dispute concerned the division of assets, including a property located at B Street, Suburb C, New South Wales, and shares in Ingram Pty Ltd, as well as entitlements within a superannuation fund known as D Super. The court was tasked with determining the appropriate orders to finally resolve the financial relationship between the parties.

The legal issues before the court included the division of the Suburb C property and Ingram Pty Ltd, the allocation of a 50% interest in the wife's D Super entitlement to the husband, and the finalisation of all other personal property interests between the parties. The court was required to consider the provisions of section 79 of the *Family Law Act 1975* (Cth), which governs the alteration of property interests in marriage settlement proceedings, and to ensure that any orders made were just and equitable in all the circumstances.

Loughnan J applied section 79 of the *Family Law Act 1975* (Cth), noting that the preliminary requirement of making an order that is just and equitable was readily satisfied given the breakdown of the parties' relationship and their living apart. The court also had regard to section 81 of the Act, which encourages orders that finally determine financial relationships and avoid further proceedings. The court ordered that the wife pay the husband a sum of $207,473.75 within 90 days, with a potential reduction for amounts owing in respect of valuations. In the event of default, the wife was to take steps to sell the Suburb C property, with detailed provisions regarding listing, reserve price, agent appointment, and the distribution of sale proceeds. Additionally, the court ordered that the husband was entitled to 50% of the wife's interest in D Super, with the Trustee of the fund directed to facilitate this transfer.

The court further ordered that, subject to these provisions, each party would retain their existing personal property. The parties were also released from all past claims against each other. To ensure compliance, the Registrar of the Family Court of Australia was appointed to execute any necessary documents in the event of a party's refusal or neglect. The parties were granted 28 days to restore the proceedings to the list concerning the wording of the orders.