Linder and Linder

In the matter of *Linder and Linder*, Rees J determined property settlement orders between a husband and wife. The dispute concerned the division of assets and liabilities following the breakdown of the marriage, including the treatment of various debts and contributions made by the husband's father.

The court was required to determine the classification and valuation of numerous assets and liabilities, including a controlled money account, jointly owned shares, a self-managed superannuation fund, a Mercedes Benz motor vehicle, a St George overdraft, personal loans to the wife, credit card debts, tax debts, and a joint debt to G Pharmacy. The court also had to consider a gift or loan from the husband's father and the wife's clothing purchases after separation.

Rees J reasoned that certain debts, such as the wife's Visa card debt, David Jones account, husband's tax debt, husband's Visa card debt, and husband's motor vehicle repairs, would be disregarded as there was no evidence they related to pre-separation expenses. A GE payout relating to a Mercedes Benz was deemed a joint liability, with the husband to be responsible for repayment as he retained the asset. The husband's father's contribution was treated as a contribution on behalf of the husband. The court ordered the husband and wife to be equally liable for the joint debt to G Pharmacy. The net, non-superannuation assets were valued at $924,486, with the superannuation fund to be retained by the husband.

The court made orders for the wife to receive the whole of the money in the controlled money account and for the husband to pay a sum of $41,142 to the wife within 30 days, upon which the wife would transfer jointly owned shares to the husband. In default of payment, the shares were to be sold to satisfy the debt. The wife was to transfer her interest in the superannuation fund to the husband, who would indemnify her from any liability as a trustee or member. The husband was also to indemnify the wife for the Mercedes Benz debt. The parties were to share the G Pharmacy debt equally. Other assets and liabilities were to remain with the party in possession or liable. The spousal maintenance order of 11 March 2013 was discharged.