Sindel and Sindel

This matter concerned orders made by Justice Fowler in the Family Court of Australia concerning the division of property between the parties, Mr and Mrs Sindel. The dispute involved the sale of two properties located at 13 P and G in New South Wales, the distribution of sale proceeds, and the division of a superannuation fund.

The court was required to determine the terms and conditions under which the two properties should be sold, including the method of sale, reserve prices, and the allocation of sale costs and proceeds. Further issues included the husband's obligation to pay a specific sum to the wife from his share of the sale proceeds, the transfer of the husband's interest in a Macquarie Cash Management Account to the wife, and the division of the Sindel Superannuation Fund. The court also needed to address the wife's cessation as a member and trustee of the superannuation fund and the procedure for calculating and paying entitlements from the fund.

Justice Fowler ordered that both properties be sold by public auction as soon as practicable, with provisions for successive auctions at progressively reduced reserve prices if the initial auction was unsuccessful. The parties were to share equally the costs of sale, with specific arrangements for council rates, water rates, and insurance depending on occupation. The proceeds of sale were to be applied first to commission, expenses, and legal costs, with the balance to be divided equally between the parties. The husband was ordered to pay the wife a sum of $238,529.40 from his share of the sale proceeds, with this obligation to be charged against those proceeds. The husband was also ordered to transfer his interest in a specified cash management account to the wife. Crucially, pursuant to section 90MT(1) of the *Family Law Act 1975*, the parties, as trustees of the Sindel Superannuation Fund, were directed to execute documents to facilitate a splittable payment to an eligible superannuation fund nominated by the wife, granting her 44.4% of the husband's interest in the fund. The wife was also to cease being a member and resign as a trustee of the fund. The court also made provisions for the appointment of a Registrar to execute documents if a party refused to do so, and outlined a detailed procedure for any applications for costs.