Shah and Shah

In *Shah and Shah*, heard by Judge Monahan, the Applicant sought orders concerning the division of property and superannuation interests. The dispute involved the distribution of funds held in trust from the sale of a property in New South Wales, the allocation of overseas properties, and the division of two superannuation funds. The matter proceeded on an undefended basis following a final hearing.

The court was required to determine the Applicant's entitlement to the controlled monies held by Marsdens Law Group, the sole beneficial ownership of two overseas properties, and the division of the Respondent's interests in Super Fund 1 and Super Fund 2. Additionally, the court needed to consider the release of claims between the parties and the mechanism for giving effect to the orders, including the appointment of the Registrar in case of non-compliance.

The court ordered that the Applicant be paid the balance of monies held in trust from the sale of Property A, dispensing with the Respondent's consent. The Respondent was declared to have sole title to overseas properties A and B. Regarding the superannuation funds, the court made orders pursuant to section 90MT(1)(a) of the *Family Law Act 1975*, entitling the Applicant to 100 per cent of the Respondent's interest in both Super Fund 1 and Super Fund 2, with corresponding reductions to the Respondent's entitlement. These orders were to bind the respective trustees, who had been afforded procedural fairness, and were to take effect seven business days after service of a certified copy. The parties were to retain their respective personal property and other sole-name assets, and they released each other from all claims. The Registrar was appointed to execute documents if a party failed to do so. All extant applications were dismissed.