M & M

In the matter of M & M, heard before Moore J, the dispute concerned the property settlement between the parties, specifically addressing the division of superannuation entitlements and other assets following a long separation of 14.5 years. The wife had also received inheritances both before and after the separation.

The central legal issues before the court were the interpretation of the majority decision in *Coghlan* concerning superannuation, and how that interpretation applied to the parties' resources, particularly in light of the significant time elapsed since their separation and the wife's inheritances. The court was required to determine the appropriate division of the parties' property, including their respective superannuation interests.

Moore J applied the principles established in *Coghlan*, which addressed the treatment of superannuation in property settlements. The court considered the long separation period and the inheritances received by the wife, weighing these factors in the overall assessment of the parties' financial positions and contributions. The court ultimately ordered that the wife pay a sum of $140,675 to the husband, and contemporaneously transfer her interest in their former home to the wife, who would also be responsible for discharging the mortgage and paying outstanding rates. The parties were otherwise to retain their respective superannuation entitlements and other property in their possession. A fallback provision for the sale of the home was included if the payment was not made within the stipulated timeframe, with a specific distribution of sale proceeds.