Smith and Kensington

In the matter of Smith and Kensington, Judicial Registrar Johnston made orders concerning the division of property between the parties. The dispute involved the allocation of a significant sum from the wife's superannuation interest, the distribution of proceeds from property sales, and the division of various assets including vehicles and personalty.

The court was required to determine the method and extent of the superannuation splitting order, the distribution of funds held in trust by solicitors, the ownership of specific personal property and a motor vehicle, the responsibility for capital gains tax arising from property sales, and the wife's indemnity in respect of any liability to her parents. The court also needed to address the execution of documents to give effect to the orders and the commencement of their operation.

Judicial Registrar Johnston ordered that $300,000 from the wife's AustralianSuper interest be allocated to the husband by way of a splitting order, with the trustee to take necessary steps for calculation and payment. The proceeds held by Miller Goddard, Solicitors, were to be distributed, with $511,965 paid to the wife's solicitors and the balance to the husband's solicitors. The husband was to retain personalty in his possession and receive a Toyota motor vehicle and a Harley Davidson motorcycle from the wife. The parties were to share equally any capital gains tax payable on the sale of properties at M and T, and the wife was to indemnify the husband against any repayment claims from her parents. The orders were to take effect from 21 October 2008, with liberty to apply for implementation and further submissions on the form of orders until 20 October 2008. In the event of a party's failure to execute necessary documents, a Registrar was appointed to do so.