Renard and Geach

This matter concerned property settlement orders made by Judge Small. The dispute involved the division of the parties' non-superannuation assets and the proposed splitting of superannuation entitlements.

The court was required to determine the appropriate division of the parties' non-superannuation property, taking into account various factors including the wife's accumulation of joint debts, the husband's greater income and superannuation entitlements, and the residual value of Property S held by the wife. The court also needed to address the procedural steps required for a superannuation splitting order.

Judge Small reasoned that an adjustment of 5% in the wife's favour was warranted due to the circumstances, resulting in an 80:20 division of non-superannuation property in her favour. The husband was to receive a cash payment of $27,125.80 to effect this division, after accounting for an amount he had already retained. The court also ordered procedural fairness to be afforded to the Trustee of the husband's superannuation fund regarding a proposed split of $15,259 to the wife, with final orders to be made thereafter.