Bowden and Victor

In *Bowden and Victor*, heard by Johns J of the Family Court of Australia, the parties sought consent orders to resolve their financial matters. The dispute concerned the division of property, including the net proceeds from the sale of a property and the Applicant's interest in a superannuation fund.

The court was required to determine the terms of the consent orders, specifically addressing the division of sale proceeds, the allocation of a portion of the Applicant's superannuation to the Respondent, and the binding effect of these orders on the superannuation fund trustee. The court also considered the parties' intention for the orders to finally determine their financial relationship and avoid further litigation, as well as the procedural fairness accorded to the trustee.

By consent, the court ordered that leave be granted to the Applicant to file his application out of time. The net proceeds of the sale of the property at B Street, Suburb C, were to be divided 40% to the Applicant and 60% to the Respondent. The Respondent was also entitled to a specific amount from the Applicant's interest in the D Super Fund, calculated according to the Family Law (Superannuation) Regulations 2001, with a corresponding reduction in the Applicant's entitlement. The court further ordered that these orders bind the Trustee of the D Super Fund and take effect five days after the making of the orders. The orders also stipulated that each party would retain their existing superannuation and other property, with joint bank account monies to be divided equally, and each party to be solely liable for liabilities encumbering their respective entitlements. The court noted that the parties had already received a sum from the sale of the property and that the orders were intended to finally determine their financial relationships.