Liu and Kang

This matter concerned orders made by Judge Burchardt in the Federal Circuit Court of Australia between Ms Liu (the Applicant) and Mr Kang (the Respondent). The dispute involved the division of property, specifically real estate and superannuation interests, and the terms of their sale and distribution.

The court was required to determine the manner in which the parties' jointly owned real property should be sold, including the timeframe for sale, the appointment of a selling agent, the setting of a reserve price, and the distribution of the net proceeds. Additionally, the court had to make orders concerning the division of the husband's superannuation interests, specifically an accumulation component in a particular fund, and to address the wife's retention of a motor vehicle and other chattels.

The court ordered that the real property be sold within 60 days by an agreed agent, or one appointed by the Real Estate Institute of Victoria, with a reserve price to be agreed or determined by the agent. The proceeds were to be applied first to sale costs, then to discharge any mortgage or encumbrance, with the remaining net funds to be divided 25% to the Applicant and 75% to the Respondent. In relation to the husband's superannuation, an allocation of $35,750 was ordered from his accumulation component to the wife, with corresponding reductions to the husband's interest, to be implemented in accordance with the Family Law Act 1975 and associated regulations. The court also made orders restraining the husband from taking actions that would render his superannuation accumulation interest a non-splittable payment and directed the Trustee of the Fund to give effect to these orders. The wife was to retain a specific motor vehicle for her sole use, and each party was to keep their own furniture and chattels.