KINNON & KINNON

This matter concerned an application by the Applicant Wife for orders relating to the division of property and superannuation interests following the breakdown of the marriage to the Respondent Husband. The court was required to make orders concerning the splitting of superannuation entitlements, the transfer and refinancing of a property, and the division of various other assets and liabilities.

The primary legal issues before the court were how to effect a just and equitable division of the parties' superannuation interests, specifically the Respondent Husband's entitlements with "Q Super" and "B Superannuation". The court also had to determine the arrangements for the matrimonial home located at D Street, Suburb F, including whether it should be refinanced into the Applicant Wife's sole name or listed for sale, and how the proceeds of sale should be distributed. Further issues involved the allocation of other assets such as bank accounts, motor vehicles, furniture, and shares, and the respective responsibilities of each party for existing liabilities and future taxation.

Forrest J made extensive orders to achieve a division of the parties' financial resources. The court ordered that the Applicant Wife be entitled to a payment split of the Respondent Husband's superannuation interests in "Q Super" and "B Superannuation", specifying base amounts to be allocated and the method of payment. Regarding the D Street property, the court ordered that the Applicant Wife refinance the property into her sole name and that the Respondent Husband transfer his interest to her. Provisions were made for the Applicant Wife to reside in the property pending refinance and to be responsible for outgoings. In the event refinance was not possible within 60 days, the property was to be listed for sale, with detailed provisions for sale by private treaty or auction, and a specific order for the distribution of sale proceeds, including the discharge of a mortgage. The court also ordered the retention and transfer of various other assets and liabilities between the parties, with each party indemnifying the other for expenses and liabilities related to the property they retained. Finally, the court appointed a Registrar to execute documents if a party failed to comply with the orders.