Boseman and Boseman

In the matter of Boseman and Boseman, heard by Judge Terry, the dispute concerned the division of property and dissolution of a partnership between a husband and wife. The court was required to make orders regarding the disbursement of proceeds from the sale of a property, the dissolution of their partnership, the transfer of interest in a company, and the division of superannuation entitlements.

The court determined the specific amounts to be paid to D Pty Ltd for outstanding partnership invoices and BAS, as well as the net proceeds to be distributed to the wife and husband from the sale of their jointly owned property. Further, the court ordered the dissolution of the partnership known as Mr & Ms Boseman and stipulated that the wife was to transfer her interest in Company E to the husband at his expense. Crucially, the court made orders concerning the husband's interest in the F Superannuation Fund, specifying how splittable payments would be made to the wife in accordance with the Family Law Act and Regulations.

The court's reasoning involved applying principles of property adjustment and partnership dissolution under the Family Law Act. The orders reflect a comprehensive division of assets and liabilities, with specific provisions for the distribution of sale proceeds, company shares, and superannuation. The court also clarified the possession and responsibility for various assets and liabilities, including bank accounts, insurance policies, superannuation, and shares, and established each party's sole responsibility for debts and liabilities standing in their respective names. The court also addressed the payment of Capital Gains Tax arising from the partnership profit.