NENDICK & NENDICK

In this matter before Berman J, the parties, Mr and Mrs Nendick, sought to resolve their property settlement. The dispute involved the division of assets, including funds held in a self-managed superannuation fund which was alleged to be non-compliant due to mismanagement and the husband's personal use of its funds.

The court was required to determine how the parties' property interests should be settled in a just and equitable manner, considering their respective contributions and future needs. A key issue was the appropriate treatment of the non-compliant self-managed superannuation fund and the husband's conduct in relation to it, as well as the distribution of other significant financial assets.

Berman J applied the principles of property settlement under the *Family Law Act 1975* (Cth), considering the relevant section 75(2) factors. The court's reasoning led to orders for the transfer of specific sums of money from various accounts to the wife, the appointment of an accountant to wind up the self-managed superannuation fund with provisions for costs and potential shortfalls, and the husband's indemnification for any tax liabilities arising from the fund's non-compliance. The orders also detailed the division of other personal property and provided a mechanism for the sale of a property if settlement payments were not made, with the wife having an equitable interest in that property until full settlement.