Newett & Newett (No. 4)

In *Newett & Newett (No. 4)*, Baumann J of the Family Court of Australia was required to make final property orders between Mr Newett (the husband) and Ms Newett (the wife). The dispute concerned the division of the parties' assets and liabilities, including the sale of a property and the splitting of superannuation interests. The court had previously delivered Reasons for Judgment on 8 April 2021, and further submissions were invited before the final orders were pronounced.

The legal issues before the court were to determine the just and equitable distribution of the parties' combined net pool of assets and liabilities, including the allocation of proceeds from the sale of a property and the division of superannuation interests. The wife also sought a re-trial or to re-open the property proceedings, which the court considered in its determination.

Baumann J reasoned that an overall adjustment of 60% to the husband and 40% to the wife was appropriate, taking into account the superannuation split. This decision was based on the husband's superior current income and his capacity to control his superannuation benefits, which persuaded the court that a higher cash return from the sale proceeds for the wife would achieve justice and equity. The court specifically ordered a superannuation split of approximately $50,000 to the wife, finding this to be more just and equitable than the husband's proposal. The court relied on findings made in its earlier Reasons for Judgment and the specific circumstances of the parties to reach its conclusion.

The court made final property orders consistent with its Reasons for Judgment. These orders detailed the distribution of net proceeds from the sale of the R Street property, allocating 60% to the husband and 40% to the wife. The orders also provided for a specific superannuation split, allocating a base amount of $50,000 to the wife from the husband's interest in Super Fund 1, and outlined the necessary steps for the trustee to implement this split. Further orders addressed the collection of personal items, the entitlement to property in each party's possession, and mutual indemnities for liabilities incurred prior to the orders.