Blanchand and Blanchand

The case of *Blanchand and Blanchand* concerned property settlement and superannuation splitting orders made by Justice Rose. The dispute involved the division of the former matrimonial home, a monetary payment from the husband to the wife, and the allocation of superannuation benefits. The court also addressed applications relating to spousal maintenance and child support departure proceedings.

The primary legal issues before the court were the appropriate division of the former matrimonial home, the quantum and timing of a financial payment from the husband to the wife, and the method and operative time for splitting the husband's superannuation benefits in accordance with the *Family Law Act 1975* (Cth) and its associated regulations. The court was also required to consider the procedural fairness afforded to the superannuation fund trustee and the future conduct of spousal maintenance and child support proceedings.

Justice Rose ordered that the husband transfer his interest in the former matrimonial home to the wife, subject to the existing mortgage, and pay a sum of $176,944.00 to the wife by a specified date. Pending this payment, the husband was to meet all mortgage instalments, rates, and insurance premiums. Upon compliance with the payment order, the wife would assume sole responsibility for these outgoings and indemnify the husband against any claims. The court also declared each party the sole beneficial owner of personalty in their possession. Regarding superannuation, the court ordered a base amount of $312,168.00 to be allocated from the husband's superannuation benefits to the wife from the Mercer Super Trust, with the operative time for this split to be the fourth business day after service of the sealed orders on the trustee. The trustee and husband were directed to take all necessary steps to effect this split, and the orders were made binding on the trustee. Applications for spousal maintenance and child support departure were adjourned for mention and directions.