Garbutt and Salzwedel

This matter concerned consent orders made by McClelland J in the Federal Circuit and Family Court of Australia concerning the financial relationship between the parties, Mr Garbutt (the husband) and Ms Salzwedel (the wife). The dispute revolved around the division of property, specifically the proceeds from the sale of their former matrimonial home and the husband's superannuation interests.

The court was required to determine the distribution of the proceeds from the sale of the property at C Street, Suburb F NSW, and to allocate a portion of the husband's superannuation interest in Super Fund 2 to the wife. Additionally, the court needed to make ancillary orders to give effect to the parties' agreement regarding other property, mutual releases, and the appointment of the Registrar to execute documents if necessary.

The court's reasoning was based on the consent of both parties, as evidenced by the numerous orders prefaced with "By consent." The orders provided a detailed priority for the distribution of the sale proceeds of the former matrimonial home, commencing with the discharge of a registered mortgage, followed by sale expenses, specific monetary payments to Ms B and the wife, and then a percentage split of the net balance between the wife and the husband. In relation to superannuation, the court allocated a base amount to the wife from the husband's interest in Super Fund 2, in accordance with section 90XT(4) of the *Family Law Act 1975* (Cth). The orders further stipulated the process for the trustee to calculate and pay the wife's entitlement and for the husband to facilitate the rollover of the non-member spouse interest.

The court made orders by consent that the parties would each be the sole legal and beneficial owners of other property in their possession, and that they would release each other from all claims. The Registrar was appointed to sign documents on behalf of a party if they refused or neglected to do so for 14 days. The court noted that these orders finally determined the financial relationships between the parties, avoiding further proceedings.