Kalantari and Maine (No 2)

Stevenson J made orders concerning the division of property and superannuation between the husband, Mr Kalantari, and the wife, Ms Maine. The primary dispute related to the sale of a property located at G Street, Suburb H, New South Wales, and the distribution of its proceeds. The court also addressed the division of household items and made orders for the splitting of superannuation interests.

The court was required to determine the terms of the sale of the Suburb H property, including the timeline for sale, the application of sale proceeds, and the responsibilities of each party in facilitating the sale. Additionally, the court needed to establish the method and amount for splitting the wife's superannuation interest in Z Super, and to make orders regarding the division of household furniture and effects. The court also made orders restraining the parties from withdrawing funds from specified bank accounts pending the sale of the property.

The court ordered the immediate sale of the Suburb H property by public auction within six weeks. The proceeds were to be applied first to sale costs and mortgage discharge, with 35 percent of the remaining balance to be paid to the husband and the balance to the wife. The husband was ordered to pay all interest, rates, and insurance premiums for the property pending its sale and to cooperate with the real estate agent. The parties were directed to agree on a solicitor and auctioneer within 14 days, failing which nominations would be sought from the Law Society of New South Wales and the Real Estate Institute of New South Wales respectively. The reserve price was to be agreed upon, or determined by the President of the Australian Property Institute (New South Wales Division) if agreement was not reached 21 days prior to auction. The court also made orders for the division of household items, specifying that the wife could collect items from Annexure A from the Suburb H property.

The court ordered that $85,000 be allocated to the husband from the wife's interest in Z Super, to be paid out as splittable payments in accordance with the Family Law (Superannuation) Regulations 2001. These orders were to bind the Trustee of Z Super and take effect four business days after service of the sealed orders. The court also ordered the removal of caveats registered on the Suburb H property by each party at their own expense. Finally, pending the sale of the Suburb H property, both parties were restrained from withdrawing monies from specified D Bank accounts without the written consent of the other.