Howard and Howard

This matter concerned the division of property between a husband and wife, heard by Judicial Registrar Johnston. The dispute involved the distribution of funds from the sale of their former matrimonial home, the sale of another property in Queensland, and the splitting of superannuation interests.

The court was required to determine how the proceeds from the sale of the former matrimonial home should be distributed, and the terms under which a property in Queensland should be sold, including the listing price, agent cooperation, and the division of sale proceeds. Furthermore, the court needed to address the division of the husband's superannuation interests in two separate funds, the STA Super and the Commonwealth Superannuation Scheme, and to declare each party the sole owner of all other property and superannuation in their possession.

Judicial Registrar Johnston ordered that the controlled monies account from the sale of the former matrimonial home be closed and distributed equally between the husband and wife, including any interest earned. The sale of the Queensland property was to proceed by private treaty with a specified real estate agent, with terms for advertising, inspections, and the signing of sale documents. Upon settlement of the Queensland property, sale costs and outstanding rates were to be paid first, with the remaining balance divided with 68.45 percent to the husband and 31.55 percent to the wife. Pending settlement, rental income from the Queensland property was to be distributed according to these percentages after deducting expenses. The court also made specific orders for the splitting of the husband's superannuation interests, allocating a base amount to the wife from STA Super and ordering 30 percent of splittable payments from the Commonwealth Superannuation Scheme to be paid to the wife. Finally, each party was declared the sole owner of all other property and superannuation in their possession, and the Registrar was appointed to sign documents if a party failed to do so. The orders were to commence operation on 1 February 2008.