Ebeid & Bardim

In the matter of BRC 4008 of 2014, Ms Ebeid (the applicant) and Mr Bardim (the respondent) presented a dispute concerning the adjustment of their property interests following the final separation of their de facto relationship in mid to late 2012. The proceedings were before Tonkin J of the Family Court of Australia.

The court was required to determine whether it was just and equitable to make an order altering the parties' interests in property, and if so, the terms of such an order. Specifically, the court considered the division of superannuation interests, the contributions of each party both during and after the relationship, the disparity in income earning capacity, and the ongoing need for the applicant to support the parties' child.

Tonkin J found that it was just and equitable to make an order altering the parties' property interests. The court applied the principles of a holistic approach to property settlement, considering all relevant factors under the Family Law Act 1975 (Cth). The court found that both parties contributed equally during the relationship, but the applicant's contributions, both financial and non-financial, were significantly greater post-separation. The court noted the significant time elapsed since separation, the respondent's re-partnering, and the applicant's continued need to support their child on a limited income. The court rejected the respondent's proposal to divide only the superannuation accumulated during the relationship, finding that a splittable payment order from the respondent's interest in the C Super Fund was appropriate.

The court ordered that the Trustee of the C Super Fund pay to the applicant a splittable payment calculated in accordance with the Family Law (Superannuation) Regulations 2001 (Cth), with a base amount of $50,000 allocated to the applicant from the respondent's interest in the C Super Fund. This would result in the applicant receiving approximately $50,000 and the respondent retaining approximately $118,792.10 of his interest in the C Super Fund. The orders were subject to a stay pending confirmation from the Trustee that they had received the orders and did not wish to intervene. Otherwise, each party was to retain property in their possession and control and be liable for debts in their own name.