STARKS & STARKS

In the matter of STARKS & STARKS, Judge Neville considered a property settlement dispute between a husband and wife concerning a small property pool. The husband sought the remaining proceeds of the former matrimonial home held on trust for the children, while the wife, as the primary carer of the three children, sought those proceeds for their benefit. A further issue arose regarding the division of superannuation, where the parties had initially misstated the amount available for splitting.

The court was required to determine how the limited funds from the sale of the former matrimonial home should be distributed, specifically whether they should be allocated to the husband for his trust purposes or to the wife for the benefit of the children. Additionally, the court had to address the division of superannuation, correcting the misstated amount and determining the appropriate split in accordance with the Family Law Act 1975. The overarching consideration for the court was to achieve a just and equitable outcome for the parties and the children.

Judge Neville ordered that the entirety of the remaining proceeds from the sale of the former matrimonial home, totalling $18,917, be paid to the applicant wife within 14 days. These funds are to be used exclusively for the benefit of the three children of the relationship. Furthermore, in accordance with section 90MT(1)(a) of the Family Law Act 1975, Ms. Starks is entitled to $55,000 from Mr. Starks' superannuation interest in SUPER FUND A whenever a splittable payment becomes payable, with a corresponding reduction in Mr. Starks' entitlement. These orders bind the trustee of SUPER FUND A and any successor fund. The operative time for these orders is five days from service, and all other extant applications were dismissed, finalising the matter.