Simon and Simon

In the matter of Simon and Simon, heard by Judge McNab, the dispute concerned the division of assets and liabilities following the breakdown of a marriage. The orders made by the court addressed the disposition of the matrimonial home, financial settlements between the parties, and the distribution of superannuation interests.

The court was required to determine the terms of the property settlement, including the transfer of the matrimonial home, the payment of a lump sum to the husband, and the discharge of existing mortgages and debts. Further issues included the distribution of proceeds if the home was to be sold, and the division of superannuation interests. The court also considered the mechanism for enforcing compliance with its orders, including the potential for a Registrar to execute documents.

Judge McNab ordered that within 60 days, the husband was to vacate the matrimonial home and transfer his interest to the wife, who was to refinance the mortgage and pay the husband 25% of the asset pool. Alternatively, if the wife could not comply, the husband had 60 days to discharge the mortgage and pay the wife 75% of the asset pool. If neither party could comply, the home was to be listed for sale, with proceeds applied first to sale costs, then the joint mortgage, a loan to the wife's parents, credit card debt, and finally, the balance distributed with the wife receiving 75% and the husband 25%. The court also ordered a 50% superannuation split, subject to trustee approval, and stipulated that a Registrar could execute documents if a party refused to comply. The matter was adjourned for mention, with a note that orders could be made in chambers if evidence of procedural fairness to superannuation trustees was filed.