Pelley and Thurstan

This matter concerned orders made by Judge Young in proceedings between a husband and wife. The dispute involved the division of property and superannuation interests, as well as the dismissal of an application for divorce.

The court was required to determine the terms of property settlement, including the payment of sums by the husband to the wife, the wife's vacating of the former matrimonial home, and the eventual sale of that property. Additionally, the court had to make orders regarding the division of the husband's superannuation interests pursuant to section 90MT(1)(a) of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001. The court also considered the husband's application for divorce.

The court ordered that the husband pay the wife $25,000 within 14 days, after which the wife was to vacate the former matrimonial home, retaining specified personal effects. A further sum of $217,000 was to be paid by the husband to the wife within 60 days of her vacating the property. If this payment was not made, the property was to be sold by auction, with the wife to receive 36.4% of the net proceeds. The court also ordered a splittable payment from the husband's superannuation fund to the wife, calculated in accordance with the relevant regulations, with a base amount of $18,474. The husband's application for divorce was dismissed, with liberty to file a new application. All other outstanding applications were dismissed, and the proceedings were removed from the active list.