MENDEZ & MENDEZ

This matter concerned a property dispute between a husband and wife, heard by Judge Harland. The parties had separated under one roof in either 2006 or 2008, and subsequently separated their finances in 2010. A key element of the dispute involved the assessment of contributions and how to treat assets acquired after the parties' separation. The court also addressed an application under s.124 of the Child Support (Assessment) Act, which was summarily dismissed due to non-compliance with jurisdictional requirements.

The primary legal issues before the court were the division of matrimonial property, including the treatment of post-separation assets, and the appropriate allocation of superannuation interests between the parties. The court was required to determine the respective entitlements of the husband and wife to the proceeds of sale and to the husband's interest in his superannuation fund.

The court reasoned that the division of the proceeds of sale should reflect a 65% to 35% split in favour of the wife. In relation to the superannuation, the court ordered that a base amount of $22,936 be allocated to the wife from the husband's interest in the Mr Mendez Superfund. This division was to be effected in accordance with s.90XT(1)(a) of the Family Law Act 1975 (Cth) and Part 6 of the Family Law (Superannuation) Regulations 2001, with the husband's entitlement correspondingly reduced. The orders were made binding on the Trustee of the Mr Mendez Superfund.

The court ordered that the funds held on trust, being the proceeds of sale, be divided 65% to the wife and 35% to the husband within seven days. The wife was entitled to receive $22,936 from the husband's superannuation interest, with the operative time for this split being four business days from service of the orders on the Trustee. The Trustee was directed to facilitate the payment and transfer of the wife's post-split entitlements to an alternate complying fund nominated by her.