Mottram and Fielding

This matter concerned orders made by Judge Hughes in the Federal Circuit Court of Australia concerning the division of property between Ms Mottram and Mr Fielding. The dispute involved the division of superannuation entitlements and the family home.

The court was required to determine the terms of orders relating to the division of Ms Mottram's superannuation, the payment of a sum of money to Ms Mottram, and the sale and distribution of proceeds from the sale of the Property A property. Further issues included the transfer of a motor vehicle, the division of household contents, and the appointment of the Registrar to execute documents in the event of non-compliance.

The court made orders pursuant to section 90MT(1)(a) of the *Family Law Act 1975* to effect a splittable payment from Ms Mottram's superannuation to Mr Fielding, with a base amount of $130,000.00. The orders also stipulated that Mr Fielding was to pay Ms Mottram $130,000 less any applicable tax, within 12 weeks of reaching the age of 57 or being able to access his superannuation, whichever was sooner. The Property A property was to be sold if Mr Fielding failed to comply with this payment obligation, ceased to reside there, failed to maintain adequate insurance, or died. The proceeds of sale were to be distributed first to sale costs, then to discharge any mortgage, then 30% to the applicant, and a further $130,000 plus interest if Mr Fielding had not complied with his payment obligation. Mr Fielding was given an option to satisfy his obligations by paying $130,000 plus interest and 30% of the gross value of the Property A property. The court also made orders regarding the transfer of a motor vehicle, the division of specific household contents, and declared each party the sole owner of other property not specifically mentioned. Finally, the Registrar was appointed to execute documents in the event of a party's default.