LANE & OWEN

This matter concerned the distribution of net proceeds from the sale of a property and the division of superannuation interests between Mr Lane (the husband) and Ms Owen (the wife). The dispute was heard by Judicial Registrar Loughnan.

The court was required to determine the specific amounts each party, and the husband's parents, would receive from the sale proceeds of the property at L. Additionally, the court needed to determine the wife's entitlement to a portion of the husband's superannuation interest in the UniSuper Accumulation 1 Superannuation Fund, and the mechanism for its transfer, in accordance with the Family Law Act 1975 and its associated regulations.

Judicial Registrar Loughnan ordered that the net proceeds of sale be disbursed as follows: undistributed interest to be split equally between the parties, $276,622 to the husband's parents, $360,026 to the wife, and the remaining balance to the husband. The court also made orders pursuant to section 90MT(1)(a) of the Family Law Act 1975, entitling the wife to a splittable payment of $93,538 from the husband's UniSuper interest, with a corresponding reduction in the husband's entitlement. These orders bind the Trustee of the Fund and take effect upon service. The court further declared that, unless otherwise agreed, the furniture and contents from the property at L would be the wife's property, and that each party would retain sole legal and beneficial ownership of their respective other assets, including cash, shares, personal effects, vehicles, and superannuation entitlements, save for the purposes of enforcing these orders. In the event of non-compliance, a Registrar or Deputy Registrar was authorised to execute documents on behalf of the defaulting party.