Parkes and Parkes

This matter concerned an application by the wife for a settlement of property pursuant to the *Family Law Act 1975*. The court, presided over by Judge Kelly, was tasked with determining the terms of this settlement in full and final satisfaction of the wife's claims.

The primary legal issues before the court were the division of the parties' property and the allocation of financial resources, including a significant superannuation interest. The court was required to make orders that would vest certain assets absolutely in each party, specify payment obligations, and provide mechanisms for enforcement and default. A key aspect involved the division of the husband's superannuation entitlements and the imposition of injunctions to prevent the dissipation of assets.

The court's reasoning, as reflected in the orders, involved a comprehensive division of the parties' assets. The husband was ordered to pay a specific sum to the wife, with provisions for interest and default. Certain assets in the possession of each party were to vest absolutely in them. Crucially, the court made a specific allocation of $130,000 from the husband's superannuation interest to the wife, with detailed provisions for how this would be paid by the superannuation trustee. Injunctions were granted to restrain the husband from dealing with certain assets, particularly a property known as Property V, and any motor vehicles or boats in his possession, to ensure the wife's settlement was secured. The court also addressed the payment of costs.