QIAN & DING

The parties to this proceeding were Mr. Ding (the husband) and Ms. Qian (the wife). The dispute concerned the division of their property and superannuation interests. The matter came before Judge Small.

The court was required to determine how the parties' assets, including a property and superannuation entitlements, should be divided. Specifically, the court needed to make orders regarding the payment of a sum of money by the husband to the wife, the transfer of a property, the discharge of a mortgage, and the distribution of net proceeds in the event of a sale. Additionally, the court had to address the division of the husband's superannuation interest in a specific fund, including the allocation of a base amount to the wife and the obligations of the superannuation fund trustee.

The court made orders for the husband to pay a specified sum to the wife within 30 days, contemporaneously with which the wife was to transfer her interest in a property to the husband. The husband was also ordered to discharge the mortgage on the property and indemnify the wife against any liability. In the event of non-payment, the property was to be sold out of court, with the proceeds distributed in a defined order of priority, including payment to the wife of any outstanding amount with interest. The husband was granted sole occupation of the property pending transfer or sale, with restrictions on further encumbration. The court also made detailed orders concerning the division of the husband's superannuation interest, including the allocation of a base amount to the wife and the responsibilities of the superannuation fund trustee, pursuant to sections of the *Family Law Act 1975* and associated regulations. The orders also specified the parties' entitlements to other property and their respective liabilities.