Trebiano & Trebiano

This matter concerned the division of property and superannuation interests between a husband and wife. The court was required to make orders regarding the sale of a jointly owned property and the division of its proceeds, as well as the allocation of a significant superannuation entitlement held within the Trebiano Pension Fund.

The primary legal issues before the court were how to achieve a just and equitable division of the parties' assets, specifically addressing the distribution of proceeds from the sale of their matrimonial home and the complex reallocation of superannuation interests. This included determining the appropriate method for calculating and transferring a portion of the husband's superannuation to the wife, and ensuring compliance with the relevant provisions of the *Family Law Act 1975* (Cth) and associated regulations.

Foster J ordered the sale of the parties' property at B Street, Suburb C, with the proceeds to be divided 55 per cent plus $32,981.00 to the wife and the balance to the husband. Pending sale, the husband was to meet all outgoings and maintain the property. Crucially, the court also made detailed orders concerning the Trebiano Pension Fund, directing the trustee, D Pty Ltd, to allocate a base amount to the wife to ensure she received 80 per cent of the fund's net value. These orders mandated the calculation and transfer of the wife's entitlement in accordance with the *Family Law (Superannuation) Regulations 2001* (Cth), with corresponding reductions to the husband's interest. The husband was also ordered to facilitate the transfer of his interests in D Pty Ltd to the wife. Liberty to apply was granted for the implementation or enforcement of these orders.