Klemson and Winter (No.2)

This matter concerned an application for property settlement and alteration of property interests between the wife and the husband, heard by Judge C Kelly. The dispute revolved around the division of assets and liabilities, including real property, personal effects, motor vehicles, bank accounts, investments, and superannuation entitlements. The court was required to determine how these various assets and liabilities should be allocated between the parties in full and final settlement of their claims.

The court's reasoning focused on achieving a final resolution of the parties' financial relationship. It ordered that the wife would retain specific assets, including a property in Country B, all household goods and personal effects in her possession, any motor vehicle she possessed, bank accounts and investments in her sole name, and her superannuation entitlements. Similarly, the husband was to retain the property at C Street, Suburb D, South Australia, along with household goods and personal effects in his possession, any motor vehicle he possessed, bank accounts and investments in his sole name, and his superannuation entitlements. The court also addressed the removal of a caveat lodged by the wife, requiring its withdrawal by the husband's solicitors and subsequent signing by the wife, with provisions for the husband to apply to remove it if the wife failed to comply. Each party was to remain responsible for debts and liabilities solely in their name.

Furthermore, the court made specific orders regarding the husband's superannuation interest in E Super Fund, allocating a base amount of $28,276 to the wife pursuant to s.90XT(4) of the *Family Law Act 1975*. In accordance with s.90XT(1)(a) of the Act, the Trustee of E Super Fund was directed to pay this amount to the wife whenever a splittable payment was made from the husband's interest, with a corresponding reduction in the husband's entitlement. These orders were to take effect from the operative time, which was four working days after service of the orders on the Trustee. The court also stipulated the process for notifying the Trustee, serving the orders, and the Trustee's obligations to facilitate the calculation and payment of the wife's entitlement. Provisions were made for a Registrar to sign documents on behalf of a defaulting party, and all proceedings were dismissed as finalised.