MELVILLE & MELVILLE

This matter concerned a property settlement dispute between a husband and wife, heard by Loughnan J in the Family Court of Australia. The proceedings involved the division of various assets and liabilities, including a joint term deposit, a motor vehicle, shares in a company, and superannuation entitlements.

The court was required to determine how the parties' property and financial resources should be divided in a just and equitable manner, having regard to their respective contributions and other relevant factors under the *Family Law Act 1975* (Cth), particularly sections 75 and 79. A key issue was the appropriate treatment of the husband's superannuation interest and the wife's entitlement to a portion of it, as well as the division of other assets and the allocation of liabilities.

The court made orders by consent in relation to the distribution of the St. George Bank term deposit, the transfer of a motor vehicle, and the transfer of the wife's shares in B Pty Ltd to the husband. The husband was ordered to indemnify the wife against any liabilities of B Pty Ltd. Crucially, the court made orders pursuant to section 90MT(1)(a) of the *Family Law Act 1975* regarding the husband's MLC Superannuation, entitling the wife to a specific amount calculated under the relevant regulations, with a corresponding reduction in the husband's entitlement. The parties were to retain other personal property and bank accounts in their sole names, subject to the superannuation order. The court also provided for the execution of necessary documents by the Registrar should either party refuse or neglect to do so.