Cleary and Cleary

In *Cleary and Cleary*, the parties, the husband and wife, presented minutes of proposed orders to the Honourable Justice Cronin for determination. The dispute concerned the division of property and superannuation entitlements.

The court was required to determine the terms of the property settlement, including the payment of a sum of money by the husband to the wife, the discharge of a mortgage over real property, and the division of interests in superannuation schemes. The court also needed to address the sale of certain assets, specifically Chinese lions, and the consequences of default in payment.

The court made orders by consent in accordance with the minutes of proposed orders. These orders stipulated that the husband would pay $60,000 to the wife by a specified date, and contemporaneously, the wife would provide a withdrawal of caveat and the husband would arrange for the wife's release from a mortgage over their real property. Crucially, the orders provided for the wife to receive 100 per cent of any splittable payment from the husband's superannuation scheme, with a corresponding reduction in the husband's entitlement, effective from a specified operative time. In the event of default in payment, the husband was to transfer his interest in the real property to the wife upon trust for sale, with the proceeds to be applied first to sale costs, then encumbrances, then the sum due to the wife with interest, and finally the balance to the husband. The parties were also ordered to sell Chinese lions and divide the net proceeds equally. The court also made orders regarding the retention of other superannuation entitlements and dismissed certain applications filed by the parties, while providing a mechanism for applications for costs.