Newton and Macon

This matter concerned the division of property between the Applicant and the Respondent, heard by Judge Burchardt. The primary dispute revolved around the distribution of proceeds from the sale of a jointly owned property, the allocation of a motor vehicle, and the division of superannuation interests. The court was tasked with determining how these assets should be divided and what liabilities each party would bear.

The court was required to determine the order of priority for the distribution of the proceeds from the sale of the real property, including the reimbursement of post-separation expenses and the final division of the balance. Further issues included the transfer of a motor vehicle to the Applicant, the entitlement of each party to property in their possession, and the division of bank account balances. Crucially, the court had to determine the allocation of a specific amount from the Respondent's superannuation interest to the Applicant and establish procedures to ensure the Applicant received her entitlement, including provisions for notification and restraint of actions by the Respondent.

Judge Burchardt ordered that upon the sale of the property, costs and the existing mortgage were to be paid first. The Respondent was to be reimbursed $13,259 for post-separation expenses, with the remaining balance divided 60% to the Applicant and 40% to the Respondent. The Applicant's share of the proceeds was to be used to discharge a motor vehicle loan, after which the Respondent was to transfer the vehicle to the Applicant at her expense. Each party was to retain property in their possession, with specific provisions for furniture, personal possessions, bank accounts, and insurance policies. Regarding superannuation, a base amount of $170,210.22 was allocated to the Applicant from the Respondent's superannuation fund, with the operative time for the split set for four business days after service of the order on the trustee. The Respondent was also ordered to provide notice to the Applicant regarding any retirement or access to his superannuation and to authorise communication with the Applicant regarding her entitlement. The orders also included provisions for a Registrar to execute documents on behalf of a defaulting party and for costs and damages to be paid from a defaulting party's share of the sale proceeds.