GREIG & HOLROYD

The case of Greig & Holroyd involved an application before Macmillan J of the Family Court of Australia. The dispute concerned the division of the parties' financial resources, including superannuation, and the finalisation of their financial relationship.

The primary legal issues before the court were whether to grant the applicant husband leave to apply for orders out of time under section 90SM of the *Family Law Act 1975* (Cth), and to make consent orders regarding the division of property and superannuation. The court was also required to determine the terms of these consent orders, which would aim to finally determine the financial relationships between the parties and avoid further litigation.

Macmillan J's reasoning was primarily based on the consent of the parties, as evidenced by the detailed orders made. The court applied the principles of the *Family Law Act 1975* (Cth) concerning property settlement and superannuation splitting. The orders reflected an agreement for the applicant husband to pay a sum of $25,000 to the respondent, and to roll over $69,000 from their self-managed superannuation fund to the respondent's nominated fund. The orders also stipulated that each party would retain other property in their possession, with specific provisions for joint bank accounts, superannuation benefits, insurance policies, and the severance of any joint tenancies. The court also appointed the Registrar or Deputy Registrar to execute documents if a party failed to comply with the orders, pursuant to section 106A of the Act.

The court made orders granting the applicant husband leave to apply out of time, and by consent, finalised the property and superannuation division as detailed in the orders. All extant applications were dismissed, and the matter was removed from the hearing list, with the court noting the parties' intention for these orders to finally determine their financial relationships.