LONCAR & LONCAR

In the matter of *Loncar & Loncar*, Judge Kemp of the Federal Circuit Court of Australia made orders concerning the property settlement between the parties. The dispute involved the division of assets and liabilities, including real estate, personal property, and superannuation interests, with the court addressing issues of addbacks, adjustments under section 75(2) of the *Family Law Act 1975* (Cth), and the overarching requirement for the settlement to be just and equitable.

The court was required to determine the specific financial entitlements and obligations of each party to achieve a just and equitable division of their matrimonial property. This included determining the method and terms for the transfer of interests in a property located at D Street, Suburb A, the division of personal property, and the splitting of a superannuation interest. The court also considered the circumstances under which the D Street, Suburb A property might be sold and how the proceeds would be distributed.

Judge Kemp's reasoning led to a detailed set of orders aimed at finalising the property settlement. The wife was ordered to pay a settlement sum and facilitate the discharge of a mortgage on the D Street, Suburb A property, after which the husband would transfer his interest in that property to her. Provisions were made for the sale of the D Street, Suburb A property by private treaty or public auction if the wife failed to comply with these initial obligations, with specific percentages of the sale proceeds allocated to each party. The court also ordered a superannuation splitting order in favour of the wife and declared each party to be the sole owner of assets in their possession, subject to the specific orders made. A Registrar was appointed to execute documents if a party defaulted, and a mechanism for dealing with costs applications was established.