Hayton & Bendle

In this matter before Murphy J, the parties, Mr Hayton (the husband) and Ms Bendle (the wife), sought a property settlement and spousal maintenance. The dispute involved the characterisation and division of various assets, including significant superannuation interests, and the consideration of contributions made by each party throughout the marriage and post-separation. The wife also sought spousal maintenance to assist her in re-establishing herself following the marriage.

The court was required to determine whether a judicial pension constituted a 'superannuation interest' under the relevant Act and how such an interest, along with other property, should be treated and valued within a section 79 assessment. Further issues included the consideration of paid and unpaid legal fees, the differing contributions made by the parties to various asset pools, particularly the pension, and the application of section 75(2) factors to achieve a just and equitable outcome. The court also needed to assess the preconditions for spousal maintenance and the appropriate duration for any such payments.

Murphy J found that the prospective pension was a superannuation interest and was to be treated as property. The court held that property of different characters and types could be properly assessed within a single broad-based section 79 assessment, encompassing all property acquired however and whenever. The wife's prospective legal fees were also considered within the section 79(4)(e) process. Regarding contributions, while contributions to the non-pension property were assessed as equal, contributions to the pension, which had significantly increased in value post-separation, were assessed as 85/15 in favour of the husband due to differing contributions since separation. In considering justice and equity, the court noted the husband's guaranteed income from the pension and the wife's need to rehouse herself, leading to an adjustment in her favour. Spousal maintenance was ordered for 18 months to allow the wife to establish herself.

By way of property settlement, the court ordered the allocation of the husband's interests in the State Superannuation Scheme and the State Authorities Non-contributory Superannuation scheme to the wife. The wife was also to retain her interests in the ASGARD and REST Superannuation Funds. The husband was to retain his interest in his Judges’ Pensions Act 1953 (NSW) pension, along with specific bank accounts and shares. The former matrimonial home was to be sold, with proceeds distributed to cover sale costs, discharge the mortgage, and then allocated to the wife and husband according to a specified formula, with the wife receiving a significant portion of the sale proceeds. Spousal maintenance was ordered to be paid by the husband to the wife for a period of 18 months.