Janus and Janus

In the matter of *Janus and Janus*, Mullane J of the Family Court of Australia made orders concerning the division of property and financial resources between the parties. The dispute involved the former matrimonial home, two motor vehicles, and the husband's superannuation interest.

The court was required to determine how the parties' assets and liabilities should be divided. Specifically, the orders addressed the transfer of the former matrimonial home, the repayment of a home loan, a payment from the wife to the husband, the transfer of two vehicles, and the division of the husband's superannuation entitlement. The court also considered the implications of these orders on the superannuation trustee and the potential for a party to refuse to comply with the orders.

Mullane J ordered that the former matrimonial home be transferred to the wife, subject to her repaying the home loan and paying the husband $50,000. The husband was to provide vacant possession of the property. The wife was also to indemnify the husband for outgoings on the property after compliance with the transfer order. The court further ordered the transfer of registration of both vehicles to the wife, with the husband to transfer his interest in their Mazda and the wife to transfer her interest in their Holden Commodore. The husband's superannuation interest in the Commonwealth Superannuation Scheme was to be split, with the wife entitled to a specific amount calculated according to the Family Law (Superannuation) Regulations 2001. The orders were made binding on the superannuation trustee.

The court also made provisions for the enforcement of the orders, appointing the Registrar of the Family Court to sign documents on behalf of the husband if he refused or neglected to do so. The wife's costs application was to be listed for argument by telelink if she requested it before a specified date, otherwise it was dismissed. The wife's amended application was otherwise dismissed.