KAFER & KAFER

In the matter of KAFER & KAFER, Judge Carter of the Family Court of Australia considered a dispute concerning the distribution of matrimonial property. The proceedings involved allegations of family violence and non-disclosure, with the Wife contending that family violence had impacted her financial contributions to the marriage. A previous judgment debt was also a point of contention, with the court required to determine whether this debt should be treated as a joint liability of the parties.

The court was tasked with determining the appropriate division of the parties' assets and liabilities, taking into account the impact of alleged family violence on the Wife's contributions and the treatment of a prior judgment debt. The court also had to consider the division of superannuation interests and the sale of a jointly owned property.

Judge Carter ordered the sale of the parties' real property at Street A, Suburb B, Victoria, with the proceeds to be applied first to sale costs, then to discharge any mortgage or encumbrance, followed by outstanding rates. A specific debt to C Pty Ltd was to be paid, with the Husband to provide evidence of payment. The remaining proceeds were to be distributed with a significant portion allocated to the Wife, calculated as 60% of the balance after specified deductions, less $2,000. The Husband was to receive the final balance, with a further deduction to cover costs previously ordered in favour of the Wife. The court also made orders for the splitting of the Husband's superannuation interests in Super Fund S and Super Fund T, specifying the amounts and the process for transfer. Each party was otherwise to retain their sole superannuation entitlements and other property, with joint tenancies severed and each party to be solely liable for liabilities encumbering their respective entitlements.

All extant applications were dismissed, and the matter was removed from the court's list. The court noted that the Trustee of Super Fund S had no objection to the superannuation splitting orders.