Devesh & Devesh

This matter concerned orders made by Dessau J in the Family Court of Australia, relating to the division of property and costs between a husband and wife. The dispute involved the allocation of motor vehicles and a significant superannuation interest, as well as the payment of legal costs.

The court was required to determine the specific terms of the property settlement, including the distribution of two motor vehicles and the method by which the wife would receive a portion of the husband's superannuation interest. Further, the court needed to address the binding nature of its orders on the trustee of a superannuation fund and establish procedures to protect the wife's entitlement to the superannuation split until it could be rolled over. The court also had to make orders regarding the payment of various legal costs incurred by the wife.

Dessau J ordered that the wife be at liberty to collect a Commodore motor vehicle registered in her name, and that she retain a Toyota Corolla registered in the husband's name. Crucially, the court ordered that the trustee of the G Superannuation Fund be bound by the orders concerning the superannuation split. The wife was to receive a base amount of $51,607.49 from the husband's interest in the fund, to be paid in accordance with the Family Law (Superannuation) Regulations 2001. Specific provisions were made to protect the wife's entitlement during the rollover process, including notice requirements for the husband's retirement or access to funds, communication protocols with the fund, and restraints on the husband from actions that would prejudice the wife's entitlement or render payments non-splittable. The court also ordered the husband to pay specific sums to the wife for legal costs associated with previous proceedings and the current hearing.