Fayette and Fayette

In *Fayette and Fayette*, Brown J of the Family Court of Australia made orders concerning the division of property and superannuation interests between a husband and wife. The dispute involved the sale of the former matrimonial home and a utility vehicle, the transfer of a motor vehicle, the division of personal property, and the splitting of superannuation benefits.

The court was required to determine how the parties' assets and liabilities should be divided, including the terms of sale for the real property and a utility vehicle, the allocation of specific motor vehicles and personal items, and the method for splitting the husband's superannuation interest in the PSS scheme. The court also needed to address outstanding rates and mortgage obligations related to the real property and clarify the entitlements of each party to other property and superannuation benefits.

Brown J ordered the sale of the former matrimonial home by private treaty, with specific provisions regarding the reserve price, the appointment of a real estate agent, and restrictions on either party purchasing the property. The husband was granted conduct of the sale and the right to occupy the property pending settlement, with obligations to pay rates and outgoings. The proceeds of sale were to be applied in a defined order, including the discharge of a mortgage and payment of arrears, with a specific calculation for the wife's entitlement and the balance to the husband, subject to adjustments for rates. The court also ordered the sale of a utility vehicle, the transfer of a motor vehicle to the husband, and the delivery of specific personal items to the wife. Crucially, the court ordered a base amount of $171,103 to be allocated to the wife from the husband's PSS scheme interest, with the trustee to pay splittable payments to the wife in accordance with the Family Law (Superannuation) Regulations 2001. The orders stipulated that each party would be solely entitled to other property in their possession, with joint tenancies severed, and each party to be solely liable for liabilities encumbering their respective entitlements.