Jenner and Desmond and Anor

This matter concerned property settlement proceedings between Ms Jenner, the applicant, and Mr Desmond, the first respondent, before Benjamin J of the Federal Circuit and Family Court of Australia. The dispute involved the division of various assets and liabilities between the parties.

The court was required to determine how the parties' joint and individual assets, including bank accounts, motor vehicles, a business, livestock, and household effects, should be divided. A significant issue was the treatment of Mr Desmond's superannuation entitlements and the allocation of a portion of these to Ms Jenner.

Benjamin J ordered Mr Desmond to pay Ms Jenner specific sums from joint bank accounts and a further sum within three months. The court declared certain assets, including motor vehicles, Ms Jenner's business, and her sole name investments and household effects, to be her property. Conversely, Mr Desmond was declared the sole owner of his individual bank accounts, investments, livestock, and furniture. Regarding superannuation, the court made orders pursuant to sections 90MT(1)(a) and 90MT(4) of the *Family Law Act 1975* (Cth), allocating a base amount of $20,119.40 to Ms Jenner from Mr Desmond's fund interest, to be paid upon splittable payments being made from the fund.

The court dismissed all extant applications, save for any applications relating to costs, which were to be dealt with in accordance with the *Family Law Rules 2004* (Cth). Subpoenaed documents and exhibits were ordered to be returned.