Sledge and Pinder and Anor

This matter concerned orders made by Judge Small in the Federal Circuit and Family Court of Australia. The proceedings involved the Applicant, Ms Sledge, and the Respondent, Mr Pinder, and an Intervenor. The dispute centred on the division of property and financial resources between the parties.

The court was required to determine the terms of the property settlement, including the payment of specific sums by the Applicant to the Intervenor and Respondent, and the consequences of non-payment. Further issues included the sale of a property if payment defaults, the distribution of sale proceeds, and the retention of motor vehicles by each party. The court also addressed the division of superannuation interests and the obligations of the superannuation fund trustee.

The court ordered that the Applicant pay a sum of $140,098 to the Intervenor and $45,054.80 to the Respondent within 60 days. In the event of default, the real property was to be placed on the market for sale, with proceeds distributed first to sale costs, then to discharge encumbrances, then to satisfy outstanding payments with interest, and any remainder to the Applicant. The Applicant was granted sole occupation of the property pending sale, with responsibility for mortgage and outgoings. Each party was permitted to retain their respective motor vehicles. Funds held in trust by the Applicant's solicitors were to be released to the Respondent. The Applicant's superannuation interest was to be split, with the Respondent entitled to a calculated amount, and the trustee of the fund was ordered to comply with the Family Law Act 1975 (Cth) and associated regulations. The Applicant was restrained from making death benefit nominations that would diminish the Respondent's entitlement. The parties were also ordered to facilitate the rollover of the Applicant's superannuation entitlements to a fund nominated by the Respondent.