Rawlings and Rogers

This matter came before Berman J of the Family Court of Australia concerning property settlement between the applicant and the respondent. The dispute involved the division of assets and liabilities between the parties, including real estate, financial assets, and superannuation interests.

The court was required to determine the terms of a final property settlement, including the payment of a sum of money by the respondent to the applicant, the transfer of interests in a property located at City C, and the division of co-operative endowment policies. Further issues included the management and sale of the City C property in the event of default, the distribution of sale proceeds, and the closure of a joint bank account. A significant legal issue was the treatment of the respondent's superannuation interest, specifically the entitlement of the applicant to a portion of a splittable payment pursuant to the *Family Law Act 1975* (Cth) and the *Family Law (Superannuation) Regulations 2001* (Cth).

Berman J ordered that the respondent pay the applicant $79,681 within 60 days, contemporaneously with which the applicant would transfer her interest in the City C property and three co-operative endowment policies to the respondent. Provisions were made for the sale of the City C property if the payment was not made within 30 days of default, with detailed procedures for listing, sale, and distribution of proceeds. The court also ordered the closure of a joint bank account with the balance to be paid to the applicant. Crucially, the respondent's superannuation fund was ordered to pay the applicant $20,000 from a splittable payment, with a corresponding reduction in the respondent's entitlement, and the respondent was restrained from acting to prevent the applicant from receiving this benefit. The orders were made binding on the parties' estates and the superannuation trustee, with a Registrar empowered to execute documents in default. Each party was otherwise to retain their sole property and be liable for their own debts.