Knight and Knight (No.2)

In *Knight and Knight (No.2)*, Judge McGuire considered the division of property and superannuation entitlements between a husband and wife. The dispute involved the sale of real property, the distribution of sale proceeds, the allocation of specific assets such as sporting memorabilia and shareholdings, and the division of superannuation interests. The court also addressed applications for spousal maintenance and departure from child support assessments.

The primary legal issues before the court were how to effect a just and equitable division of the parties' tangible assets, including real estate and financial investments, and how to properly implement a superannuation splitting order in accordance with the *Family Law Act 1975* and its associated regulations. The court was required to determine the method of sale for the parties' properties, the allocation of sale proceeds, and the specific entitlements of each party to various personalty and financial assets. Furthermore, the court had to consider the binding effect of its orders on a superannuation fund trustee and the husband's obligations regarding his superannuation interest.

Judge McGuire ordered that the parties' real properties be placed on the market for sale, with the proceeds to be applied first to sale costs, then to satisfaction of mortgages, capital gains tax, and finally, the balance to be divided with 60% to the wife and 40% to the husband. The husband was to retain his sporting memorabilia and a specific bank account, while his share portfolio was to be sold to facilitate the asset division. The court also made detailed orders regarding the division of the husband's superannuation interest, allocating a base amount to the wife and directing the superannuation trustee to give effect to the payment split, while restraining the husband from diminishing the value of his superannuation interest. The wife's applications for spousal maintenance and a departure from child support assessment were dismissed.