Huber and Ovesen (No.3)

In the matter of *Huber and Ovesen (No.3)*, Judge Kemp of the Family Court of Australia made orders concerning the division of property and superannuation between the husband and wife. The dispute involved the disbursement of funds held in a controlled monies account, the winding up and distribution of the wife's superannuation fund, and the allocation of interests in another superannuation fund. The orders also addressed the transfer of a motor vehicle, the division of shareholdings, and the distribution of any settlement sum received by the husband from separate proceedings.

The court was required to determine the specific percentages and amounts to be allocated to each party from various financial assets, including a controlled monies account, the wife's superannuation fund, and the husband's superannuation fund. Further issues included the appointment of a registrar to execute documents in the event of a party's default, the ownership of specific assets to the exclusion of the other party, and the procedure for dealing with costs and outstanding applications. The orders also stipulated the binding effect of certain provisions on the trustee of a superannuation fund and the operative time for a superannuation split.

The court's reasoning, as reflected in the orders, involved a detailed division of the parties' financial resources. This included specific percentages for the controlled monies account, fixed amounts for professional fees related to superannuation wind-up, and a rollover of the remaining balance of the wife's superannuation fund to an industry fund at her election. A significant portion of the wife's member balance in the industry fund was allocated to the husband, with provisions for future splittable payments to be made to the husband's superannuation fund. The orders also declared specific assets as the exclusive property of each party, such as the husband's interest in his superannuation fund and all assets in his possession, and the wife's ownership of a property, shareholdings, and all assets in her possession.

By consent, the parties were ordered to facilitate the transfer of a motor vehicle to their daughter and to divide certain shareholdings equally. In the event the husband received a settlement sum from separate proceedings, it was to be divided between the parties, with the wife permitted to provide a copy of the order to the relevant banks. A registrar was appointed to execute documents in case of default by either party within 14 days of the obligation arising, with the defaulting party to pay costs on an indemnity basis. Costs were reserved pending determination or assessment, with a written application process outlined for seeking costs within 28 days. All outstanding applications were dismissed, and the matter was removed from the active pending cases list, subject to the orders regarding costs.