Carbonne and Carbonne

This matter concerned orders made by Tree J in the Family Court of Australia between the parties, Mr and Mrs Carbonne. The dispute involved the division of property and superannuation interests between the parties.

The court was required to determine the terms of orders concerning the transfer of a motor vehicle, the winding up and distribution of a self-managed superannuation fund, and the allocation of superannuation entitlements between the parties. The orders also addressed the payment of tax liabilities and accounting fees associated with the superannuation fund.

The court's reasoning, as reflected in the orders, involved the application of provisions within the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001* to facilitate the division of superannuation interests. The orders stipulated specific percentages of each party's superannuation entitlements to be rolled over into nominated compliant superannuation funds, with the remainder to be similarly allocated. The court also made orders for the transfer of a motor vehicle, subject to an indemnity for outstanding lease payments, and for the payment of tax and accounting fees from the superannuation fund's assets. The orders further provided for the Registrar to execute documents in the event of a party's default.