Cavanagh and Hennessy

In the matter of *Cavanagh and Hennessy*, heard before Judge Burchardt, the dispute concerned the division of property and superannuation interests between the parties. The applicant sought orders for payment of a sum of money and the withdrawal of a caveat over real property, as well as specific orders relating to the division of superannuation interests.

The court was required to determine the appropriate orders for the division of the parties' assets, including a monetary sum to be paid by the respondent to the applicant, the release of a caveat, and the method of sale of real property if payment was not made. Crucially, the court also had to determine the allocation and payment of a portion of the applicant's superannuation interest to the respondent, in accordance with the *Family Law Act 1975* and associated regulations.

The court ordered the respondent to pay the applicant $240,000 within 60 days, contemporaneously with the applicant providing a withdrawal of caveat. If payment was not made, the real property was to be sold, with the proceeds to be applied first to sale costs, then to discharge any encumbrances, and the balance divided 30% to the applicant and 70% to the respondent. The court also made specific orders regarding the superannuation interest, allocating $115,369.00 as a base amount to the respondent and entitling the respondent to a calculated portion of future splittable payments from the applicant's superannuation fund, with corresponding reductions to the applicant's entitlement. The applicant was restrained from taking any action that would render part of his superannuation interest a non-splittable payment.