MARINO & PEMBERTON

In the matter of MARINO & PEMBERTON, Judge Henderson of the Family Court of Australia made orders concerning the property settlement between the husband and wife. The dispute involved the division of assets and liabilities following the breakdown of the marriage, including real estate, a bus, and superannuation interests.

The court was required to determine how the parties' various assets and liabilities should be divided. This included the disposition of the former matrimonial home, the husband's bus, liabilities associated with a previous property sale and fencing, and the wife's superannuation. The court also had to consider the appropriate method for splitting the wife's superannuation interest and the allocation of costs.

Judge Henderson ordered that the husband transfer his interest in the former matrimonial home to the wife, conditional upon the wife paying the husband $40,000 within three months. The husband was to retain the bus. The wife was to indemnify the husband against specific liabilities, including outstanding rates on the home, any shortfall from the sale of another property, and a debt to Mr D for fencing. The wife's superannuation interest was to be split, with the husband entitled to $62,000 of its value, to be paid from splittable payments. These superannuation orders were to bind the trustee of the fund and take effect after service, with a 28-day stay to allow for procedural fairness. Each party was declared the sole owner of other assets in their possession and was to bear their own costs.