Pilcher and Pilcher (No.3)

This matter concerned orders made by Judge Small in proceedings between Mr Pilcher (husband) and Ms Pilcher (wife). The dispute involved the division of property and superannuation interests between the parties.

The court was required to determine the terms of the property settlement, including the payment of a sum of money by the husband to the wife, the discharge of a mortgage over a property, and the transfer of interests in that property. Further issues included the division of motor vehicles, the splitting of superannuation interests in accordance with the *Family Law Act 1975* (Cth) and its regulations, and the allocation of other joint and individual assets and liabilities. The court also needed to address the potential for default in payment and the appointment of a Registrar to execute documents if necessary.

The court ordered that the husband pay a specified sum to the wife within 75 days, and contemporaneously, the wife was to vacate the real property, remove a caveat, transfer her interest in the property to the husband, and indemnify him regarding a Centrelink debt. If the husband defaulted, the property was to be sold, with proceeds applied to sale costs, a bank mortgage, outstanding payment to the wife with interest, and the remainder to the husband. Each party was to retain their respective motor vehicles. The wife was entitled to 40% of the husband's superannuation interest, with the trustee of the fund obligated to comply with relevant regulations. The husband was restrained from making death benefit nominations that would diminish the wife's entitlement. The court also provided for the rollover of the husband's superannuation entitlements to a fund nominated by the wife. In the event of default in signing documents, a Registrar was appointed to sign on behalf of the defaulting party. Finally, save for specific orders, each party was entitled to other property in their possession, joint bank accounts were to be divided 70% to the husband and 30% to the wife, insurance policies were to remain with the owner, each party was to indemnify the other against liabilities on property they received, joint tenancies were severed, and each party forwent claims to inheritances of the other.