Fischer and Fischer (No.2)

This case concerned property settlement orders made by Judge Baumann. The dispute involved the division of various assets between the Husband and Wife, including real estate and superannuation interests. The orders addressed the transfer of property, financial payments between the parties, and the splitting of superannuation entitlements under the *Family Law Act 1975* (Cth).

The court was required to determine the specific terms of the property settlement, including the quantum of financial payments, the allocation of real estate, and the division of superannuation interests in two separate funds: the (omitted) Superannuation Fund and the Property B Self-Managed Superannuation Fund. This involved considering the application of various sections of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001*, as well as the *Superannuation Industry (Supervision) Regulations 1994*.

The court's reasoning, as reflected in the orders, involved a comprehensive division of the parties' assets. A significant lump sum payment was ordered from the Husband to the Wife, along with the transfer of specific properties. Crucially, the court made detailed superannuation splitting orders, including a base amount allocation from the Wife's interest in the (omitted) Superannuation Fund to the Husband, and a percentage split of the Husband's interest in the Property B SMSF to the Wife. The orders also stipulated the procedural steps required for these superannuation transfers, including the roles of the respective trustees and the timing of various actions. Indemnities were also ordered in relation to the properties and superannuation funds.

The final orders directed the Husband to pay a sum of $545,466 to the Wife within 30 days, upon which the Wife was to transfer her interest in the Property F property and certain shares to the Husband. Conversely, the Husband was to transfer his interest in the Property T property to the Wife. The orders also detailed the splitting of superannuation interests, including a base amount allocation from the Wife's fund to the Husband and a percentage split from the Husband's self-managed superannuation fund to the Wife, along with specific instructions for the trustees of these funds to facilitate the transfers. Indemnities were provided for each party concerning the respective properties and superannuation funds.