Birch and Birch

In the matter of Birch and Birch, the wife sought final property orders from the court. The dispute concerned the division of the parties' assets, including a property and superannuation interests, and the husband's child support arrears.

The court was required to determine how the parties' property, including the wife's retention of a specific property and the husband's superannuation, should be divided. Additionally, the court needed to address the husband's child support arrears and the wife's application for spousal maintenance.

The court ordered that the wife retain the property at Property M and remain solely liable for its mortgage. A portion of the husband's superannuation interest in the Fund was allocated to the wife, calculated in accordance with the Family Law Act 1975 and its regulations, with a base amount of $55,000. The court also ordered that the wife forgive the husband's child support arrears of $37,625. However, if the wife failed to do so within 21 days, the property at Property M was to be sold, with proceeds applied first to sale costs, then to discharge any mortgage, then to the respondent (husband) in the sum of $37,625, and the balance to the wife. The wife's application for spousal maintenance was dismissed. Each party was otherwise entitled to the property in their possession, and joint tenancies were severed.