Simpson and Simpson

This matter concerned orders made by Johns J in the Family Court of Australia concerning the property settlement between the husband and wife, identified as Mr and Mrs Simpson. The dispute revolved around the division of the parties' assets, including real property, a motor vehicle, and superannuation interests, as well as the allocation of liabilities.

The court was required to determine the terms of the property settlement, including the sale of the parties' real property, the distribution of the sale proceeds, and the division of superannuation. Specific issues included the conduct of the sale, the appointment of a selling agent, the method and terms of sale, and the setting of a reserve price. The court also had to address the occupation of the real property pending sale, the allocation of a specific amount from the husband's superannuation to the wife, and the entitlement of the wife to splittable payments from that superannuation interest. Furthermore, the court needed to determine the disposition of other property, liabilities, and superannuation interests not specifically dealt with, and to make orders regarding costs.

Johns J ordered that the wife provide vacant possession of the real property by a specified date, and that the property be sold. The husband was given conduct of the sale, with provisions for the agreement or appointment of a selling agent, determination of the method and terms of sale, and the setting of a reserve price. The proceeds of the sale were to be applied first to sale costs, then to discharge a mortgage, with the balance to be divided 50 per cent to the husband and the remainder to the wife after the discharge of her motor vehicle liability. Pending sale, the husband was granted sole occupation of the property, with responsibility for mortgage instalments and outgoings. The court also ordered that a base amount of $261,300.00 be allocated to the wife from the husband's superannuation interest, with corresponding provisions for splittable payments. Other property was to be divided between the parties, with each party solely liable for their respective liabilities. The wife was ordered to pay the husband's costs of two specified hearing dates, to be deducted from her entitlement from the sale proceeds.