Paton and Norwood

This matter came before Johns J concerning the financial relationship between the De Facto Wife and the De Facto Husband. The dispute involved the distribution of proceeds from the sale of their matrimonial property and the division of superannuation interests. The court granted leave for the application to proceed out of time.

The primary legal issues before the court were how to distribute the remaining proceeds from the sale of the matrimonial home and how to effect a split of the Husband's superannuation interests in accordance with the Family Law Act 1975. The court was also required to determine the terms of orders binding on the superannuation trustee and the operative date for such orders, as well as the disposition of motor vehicles and the finalisation of the parties' respective property and liabilities.

The court, by consent of the parties, ordered that the remainder of the proceeds from the sale of the matrimonial property be disbursed with 68 per cent allocated to the Wife and 32 per cent to the Husband. Regarding superannuation, the court ordered a base amount of $180,013.98 to be allocated to the Wife from the Husband's superannuation interests, pursuant to section 90MT(1)(a) of the Family Law Act 1975. This order was made binding on the trustee of the superannuation fund and was to take effect from the fourth business day after service of the certified orders on the trustee. The court also made orders for the parties to retain their respective motor vehicles and to take steps to transfer ownership at their own expense. Finally, the court made comprehensive orders for the finalisation of the parties' financial relationship, including the severing of joint tenancies and each party's sole entitlement to other property in their possession, with the intention of finally determining their financial relationship and avoiding further proceedings.