Hampton and Hampton

The parties to this matter were the husband and wife, and the dispute concerned the division of their property. The decision was made by Judicial Registrar Loughnan.

The court was required to determine how the proceeds from the sale of a property held on trust, and the proceeds from the sale of a motor vehicle, should be divided between the parties. Additionally, the court had to determine the allocation of a base amount from the husband's interest in a military superannuation fund to the wife, and how future payments from that fund should be handled. The court also considered the parties' respective liabilities for debts and capital gains tax, and the mechanism for enforcing the orders.

The court ordered that the proceeds of the sale of the Q property be divided with 68.8% to the wife and the balance to the husband. The FJ Holden motor vehicle was to be sold, with proceeds first covering sale costs and fees to C company, then 60% of the remaining balance to the wife and the rest to the husband; if agreement on the sale agent or method was not reached within 14 days, the wife was to appoint the agent and act as attorney for the husband. Pursuant to s90MT(4) of the Family Law Act 1975, the court allocated $88,000 to the wife from the husband's Military Superannuation Fund, with the trustee to pay the wife's entitlement calculated under the Family Law (Superannuation) Regulations 2001 and reduce the husband's entitlement accordingly. The trustee was directed to facilitate these payments, and the wife was to take steps to roll over transferable benefits to a fund of her choice. The court also ordered that each party would otherwise retain sole ownership of other property in their possession and be solely liable for their own debts, including capital gains tax, indemnifying the other party. The Registrar was appointed to execute documents if a party failed to do so. The operation of the orders was stayed for 14 days, with leave granted to restore the proceedings for discussion on the form of the orders.