Harvey and Goss

In the matter of *Harvey and Goss*, Cronin J determined the division of assets and liabilities between the parties in a family law proceeding. The dispute concerned the distribution of various properties, shares, financial accounts, and other assets, including a former matrimonial home, investment properties, Telstra shares, a lodge interest, and superannuation entitlements. The court was tasked with equitably allocating these assets and liabilities between the husband and wife.

The court was required to determine how to divide the parties' property pool, including real estate, financial assets, and superannuation interests. Specifically, the court needed to decide which party would retain certain assets and liabilities, how the proceeds from the sale of the former matrimonial home would be distributed, and how the husband's superannuation entitlements would be split with the wife. The court also had to consider the implications of these orders on the trustee of the Telstra Superannuation Fund.

Cronin J ordered that the husband retain specific assets, including the B Town and C Town properties, Telstra shares in his name, his D Lodge interest, his Offset and Westpac accounts, chattels in his possession, and his car. The husband was also ordered to indemnify the wife for any liabilities arising from the mortgages on the B Town and C Town properties and any consequent taxation. Conversely, the wife was to retain Telstra shares in her name, her D Lodge interest, chattels in her possession, her car, her campervan, and her Westpac Account. The proceeds from the sale of the former matrimonial home were to be applied first to sale costs, then to discharge existing mortgages, then to provide the husband with 45% of the net assets, and the balance to the wife. Furthermore, the court ordered that $77,000 of the husband's superannuation entitlements in the Telstra Superannuation Fund be allocated to the wife, with the trustee directed to pay this amount to the wife from splittable payments, thereby reducing the husband's entitlement. Liberty was granted to apply regarding the implementation of the superannuation orders.