Elgar and Elgar

In *Elgar and Elgar*, heard by Faulks DCJ, the court was required to make orders concerning the division of property and the provision of spousal maintenance between the parties. The dispute involved the transfer of interests in real property, the distribution of proceeds from the sale of another property, and the division of superannuation entitlements. Additionally, the court considered an application for lump sum maintenance and an application for weekly spousal maintenance.

The primary legal issues before the court were how to equitably divide the parties' various assets, including real estate and superannuation, and whether to grant spousal maintenance. Specifically, the court had to determine the method for calculating and distributing the net proceeds from the sale of the Dickson property, taking into account existing mortgages and a specific formula for the wife's share. The court also had to address the division of the husband's superannuation fund, including the allocation of a base amount to the wife and the calculation of her entitlement under the *Family Law Act 1975* and associated regulations.

The court ordered the transfer of the Forest Glen and Canberra City properties to the wife, with the wife indemnifying the husband against related outgoings and mortgage liabilities. The proceeds from the sale of the Dickson property were to be distributed after sale costs, usual adjustments, and mortgage discharge, with a specific calculation determining the wife's and husband's respective shares of the remaining net proceeds. The court also made orders for the division of the husband's superannuation fund, allocating a base amount to the wife and establishing her entitlement under the *Family Law Act 1975*, with directions for the superannuation trustee to facilitate these payments. Each party was to retain other personal property in their possession, with specific exceptions for superannuation entitlements, which were to be retained by each party except as ordered. The wife's application for lump sum maintenance was dismissed, but the husband was ordered to pay the wife $1,400 per week by way of spousal maintenance, payable monthly in advance.