Bissett and Bissett

This matter came before Judge McNab concerning the division of property and superannuation interests between the Husband and Wife. The dispute involved the allocation of a significant portion of the Husband's superannuation, the sale of two properties (Property A and Property B), the transfer of another property (Property C), and the Husband's sole interest in a fourth property (Property D). The court was required to make orders to effectuate these divisions and to provide for the payment of costs.

The primary legal issues before the court were how to achieve a just and equitable division of the parties' financial resources, including their superannuation interests and real property. This involved determining the method and terms for the sale of Properties A and B, the distribution of sale proceeds, and the specific amounts and mechanisms for payment from the Husband to the Wife. The court also needed to address the implications of capital gains tax arising from property sales and to make orders regarding the Husband's sole interest in Property D and the Wife's interest in Property C.

Judge McNab made detailed orders to implement the property settlement. These included a Superannuation Splitting Order directing the Trustee to allocate a base amount of $268,962 to the Wife from the Husband's superannuation interest. The court ordered the sale of Properties A and B, with the Wife having sole conduct of the sales, and specified the order of application of sale proceeds, including provisions for capital gains tax and the distribution of the balance. The Husband was ordered to pay the Wife a total sum of $1,036,411, with specific provisions for payment from a bank account, sale proceeds, and ultimately, by transfer of shares if necessary. The Husband was restrained from dealing with certain assets pending these payments. The court also declared the Husband's sole interest in Property D and ordered the transfer of the Wife's interest in Property C to the Husband. Finally, the Husband was ordered to pay the Wife's costs fixed at $8,685.