Nadar and Nadar

This case concerns the division of property and superannuation interests between a husband and wife, as determined by Judge Obradovic. The primary dispute revolved around the sale and distribution of proceeds from two properties, Property A and Property B, as well as the division of superannuation funds and a pension scheme.

The court was required to determine the terms and conditions for the sale of Property A and Property B, including the listing price, the appointment of real estate agents and auctioneers, and the process for sale by private treaty or public auction. Furthermore, the court needed to decide how the proceeds from these sales would be applied, including the payment of sale costs, outstanding rates, encumbrances, capital gains tax, and the reimbursement of the husband's father for maintenance on Property B. The court also had to address the division of the husband's interests in Super Fund A and Super Fund B, and his pension scheme, pursuant to specific provisions of the *Family Law Act 1975*.

The court's reasoning and legal principles are reflected in the detailed orders made. For Property A, the court mandated a process for agreeing on a listing price and agent within 14 days, failing which a nominee of the President of the Real Estate Institute of New South Wales would be appointed. If the property remained unsold after two months, it was to be sold by public auction, with similar provisions for agent and auctioneer appointment and reserve price. The proceeds were to be applied first to sale costs, rates, and encumbrances, then to capital gains tax, with the balance divided 59% to the wife and 41% to the husband. Similar, though distinct, provisions were made for Property B, including a six-month period for private treaty sale before a potential auction, with proceeds applied to sale costs, rates, encumbrances, reimbursement to the husband's father, and the balance divided 59% to the wife and 41% to the husband. The court also made specific orders for the division of superannuation interests under section 90MT(1)(a) of the *Family Law Act 1975*, specifying base amounts for the wife's entitlement from Super Fund A and Super Fund B, and ordered a pension sharing order for the husband's pension scheme, with costs to be shared equally.

The court ordered the husband and wife to take all necessary steps to effect the sale of Property A and Property B according to the specified terms. Upon completion of the sales, the proceeds were to be applied as detailed in the orders. The court also made orders regarding the division of superannuation interests and a pension scheme, binding the respective trustees. Further orders directed the transfer of a motor vehicle to the wife and the equal distribution of funds from specified joint bank accounts. The court also clarified that unless otherwise specified, each party was solely entitled to other property in their possession, with specific deeming provisions for bank accounts, insurance policies, and superannuation entitlements. Finally, the court appointed a Registrar or other officer to execute documents on behalf of a party who refused or neglected to do so, and ordered that all outstanding issues be removed from the list of cases awaiting finalisation.