Fishlock and Fishlock

This matter concerned the division of property between Mr Fishlock and Ms Fishlock. The court was required to determine how the proceeds of sale of the former matrimonial home, along with various other assets and liabilities, should be distributed between the parties. The orders also addressed the division of superannuation entitlements.

The primary legal issues before the court were the equitable distribution of the parties' financial resources and the appropriate method for splitting superannuation interests. This involved determining the quantum of each party's entitlement from the sale proceeds, the allocation of specific assets and debts, and the mechanism for transferring a portion of the husband's superannuation to the wife in accordance with the *Family Law Act 1975*.

The court ordered the disbursement of monies held in trust from the sale of the former matrimonial home, with a significant portion to be retained by the husband's solicitors pending the satisfaction of a third-party claim, after which the balance was to be divided 70% to the husband and 30% to the wife. Specific sums were also allocated to satisfy debts owed to third parties. The orders further stipulated the transfer of various assets, including shares, personalty, bank accounts, and superannuation entitlements, between the parties. Notably, the court made specific orders pursuant to section 90MT(4) of the *Family Law Act 1975* regarding the wife's entitlement from the husband's superannuation interest, including provisions for future splittable payments and communication with the superannuation trustee. Each party was made solely responsible for liabilities attaching to the assets they retained.