Mendel and Mendel

In Mendel and Mendel, the parties were a husband and wife seeking to finalise their property settlement. The dispute concerned the division of their various assets, including superannuation interests, bank accounts, vehicles, and engagement rings. The matter came before Judge Young.

The court was required to determine how the parties' accumulated wealth should be divided, with particular attention to the treatment of a superannuation interest held by the husband in A Superannuation. This involved considering the application of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001 to the division of superannuation. The court also had to address the return of engagement rings and the distribution of funds held in trust by B Lawyers.

Judge Young ordered that the trustee of A Superannuation was bound by the court's orders regarding the husband's interest in the fund. A base amount of $49,803.43 was to be allocated to the wife from the husband's superannuation interest. This allocation was to be effected through splittable payments, with the operative time for this order being four business days after service of the final orders on the trustee. The husband was also ordered to return two engagement rings to the wife, along with their valuation certificates and lifetime care paperwork. B Lawyers were authorised to release specific sums to the wife and husband from their trust account once the wife confirmed the husband's compliance with the order regarding the engagement rings, with any balance to be split equally. The husband was to retain certain vehicles, bank accounts, and his interest in the D Superannuation Fund, while the wife was to retain other vehicles, bank accounts, and her interest in the F Superannuation Fund.