Symon and Whiteley (No.2)

In this matter before Judge Mead, the parties, Symon and Whiteley, sought to resolve their property settlement. The dispute concerned the division of assets and liabilities between them.

The court was required to determine the terms of a final property settlement, including the payment of a sum of money, the refinancing of mortgages, the allocation of responsibility for property expenses, and the relinquishment of claims to various assets and investments. Additionally, the court needed to address the splitting of superannuation interests between the parties in accordance with the Family Law Act 1975.

The court ordered that the respondent pay $180,000 to the applicant's solicitors by a specified date, contemporaneously with refinancing certain bank mortgages and indemnifying the applicant against those liabilities. The respondent was also ordered to pay all expenses related to a specified property and to indemnify the applicant for these costs. Both parties were to forego claims to each other's property and investments, with specific provisions for interest on late payments and the potential sale of a property if the respondent defaulted. A superannuation splitting order was made, allocating $175,927 to the applicant from the respondent's superannuation interest, with corresponding adjustments to the respondent's entitlement. The court also made orders regarding the Trustee's obligations and declared each party the sole owner of their remaining superannuation entitlements. Provisions were made for the execution of documents by a Registrar if a party refused to comply, and liberty to apply for consequential orders was granted, with all extant applications dismissed.