Hendry and Birmingham

This matter concerned property settlement orders made by Judge McGuire between a husband and wife. The dispute involved the division of various assets and liabilities, including a farming property, farm plant and equipment, stock, bank accounts, and superannuation entitlements. The court also made orders regarding the parenting of the parties' children and child support arrangements.

The primary legal issues before the court were how to equitably divide the parties' property and liabilities, including significant debts and the farming enterprise, and how to address superannuation entitlements in accordance with the Family Law Act 1975. The court was also required to determine appropriate parenting arrangements and child support obligations, considering a departure from standard assessments.

The court ordered the husband to pay a lump sum to the wife and transfer certain assets to her, while the wife was to transfer her interest in the farming property and other assets to the husband. Provisions were made for the sale of the farming property and associated assets if the husband failed to meet his payment obligations, with the proceeds to be applied to specified liabilities and the balance divided between the parties. The court also made detailed orders concerning the division of the husband's superannuation entitlement, including the allocation of a base amount to the wife and the role of the superannuation trustee in facilitating the transfer. Parenting orders established equal shared parental responsibility, with the children living with each parent as agreed. Child support assessments were departed from, with a nil assessment for each parent, provided they jointly met specific educational and related costs for the children.