Picken & Picken

In *Picken & Picken*, heard by Young J, the proceedings concerned the division of property and financial matters between a husband and wife. The Trustee in Bankruptcy of the Wife's Estate was granted leave to intervene in the proceedings, acting as the "Intervener." The central dispute involved the sale of a property and the distribution of its proceeds, as well as the division of superannuation entitlements and other assets.

The court was required to determine the terms of the sale of the property, including control over the sale process and the allocation of sale proceeds. Further issues included the distribution of various other assets, including real estate, vehicles, and financial investments, between the husband and wife. The court also had to address the division of the husband's superannuation entitlements, specifically the "base amount" to be allocated to the wife, and the procedural steps required to implement this split, including the obligations of the superannuation fund trustee.

Young J ordered the sale of the property, with the Intervener to control the sale process and ensure the best market price. The proceeds were to be applied first to sale costs, then to discharge encumbrances, followed by a payment of $450,000 to the Intervener (for the Wife's benefit, after costs) and any outstanding costs orders against the Wife. The remaining balance was to be paid to the Husband, subject to his liability for capital gains and other taxes. The court also made detailed orders regarding the occupation of the property pending sale, the allocation of specific assets to the Husband, and the division of the Husband's superannuation entitlement, specifying a base amount for the Wife and outlining the process for its transfer and the obligations of the superannuation trustee. The orders were intended to finally determine the financial relationship between the parties.