Oliver and Hughes

This matter concerned proceedings between Ms Oliver (the Applicant) and Mr Hughes (the Respondent), heard by Cleary J. The dispute involved the division of property and financial resources between the parties, including a property located at C Street, Suburb D, and Mr Hughes' superannuation interest. The court was required to make orders regarding the disposition of these assets and liabilities.

The primary legal issues before the court were how to achieve a just and equitable division of the parties' property, specifically concerning the Suburb D property and Mr Hughes' superannuation. This involved determining the wife's obligations for refinancing or discharging the mortgage on the property, the husband's transfer of his interest, and the financial adjustments required between the parties. Furthermore, the court had to address the division of Mr Hughes' superannuation interest in E Super, including the application of relevant provisions of the *Family Law Act 1975* and the *Family Law (Superannuation) Regulations 2001*. The court also considered the potential consequences of the wife's receipt of Centrelink benefits.

Cleary J applied principles of property settlement under the *Family Law Act 1975*, aiming for a just and equitable outcome. The court ordered the release of funds held in trust by B Lawyers to the husband. The wife was directed to refinance or discharge the mortgage on the Suburb D property, and contemporaneously, the husband was to transfer his interest in the property to the wife, with the wife paying the husband a sum of $100,769. In the event of the wife's default, the property was to be sold by public auction, with specific provisions for the auctioneer, reserve price, and agent. Proceeds of sale were to be applied first to the mortgage, then sale costs, legal fees, and thereafter distributed with 20% of the net proceeds to the husband and the remainder to the wife. The court also made specific orders regarding the division of Mr Hughes' superannuation, allocating a base amount of $41,950 to the wife from his E Super interest, in accordance with s 90MT of the *Family Law Act 1975*.

Finally, the court ordered that each party was solely entitled to property in their possession, with specific provisions for bank accounts and insurance policies. The court also directed that a Registrar send copies of various documents to the Commonwealth Director of Public Prosecutions for consideration of potential charges against the Applicant concerning Centrelink benefits received between 2005 and 2013.