Steele & Stanley

In this matter before Benjamin J, the dispute concerned the division of property between a husband and wife. The court was required to determine the appropriate allocation of assets, including superannuation interests, between the parties.

The primary legal issues before the court were the assessment of the parties' contributions to the marriage, including financial and non-financial contributions, and the consideration of their respective financial resources, incomes, and physical and mental capacities for gainful employment. The court also had to determine how to deal with the husband's superannuation interests, specifically the D superannuation scheme, and ensure the wife received her entitled portion.

Benjamin J determined that the adjustment of property should be based on a 75% to 25% split in favour of the wife, reflecting her greater contributions, including those from sources other than earnings and her responsibilities for the children and her health limitations. The court noted the wife's significant health issues impacting her employment capacity, while the husband, despite some restrictions, retained a capacity for future employment. The court ordered the wife to pay a sum of $577,237.00 to the husband within ninety days. Furthermore, pursuant to sections 90MT(4) and 90MT(1)(a) of the Family Law Act 1975, a base amount of $268,291.00 from the husband's D superannuation scheme was to be allocated to the wife. The husband was restrained from dealing with this superannuation interest in a manner that would prejudice the wife's entitlement, and he was required to revoke any binding nominations that would diminish her share. The parties were to retain their respective personal property and other assets in their possession.