WADE & ALAWI

This matter concerned an application by the wife for property adjustment orders under section 90SM of the *Family Law Act 1975* (Cth), following a declaration of entitlement under section 90RD of the Act. The court was required to determine the appropriate division of the parties' property interests, including real estate, motor vehicles, and superannuation.

The primary legal issues before the court were the extent to which property interests should be adjusted under section 90SM, the specific orders to be made regarding the division of assets and liabilities, and the method by which a superannuation interest should be split. The court also considered the implications of section 90SF(3) in the context of the property adjustment.

The court ordered that the husband pay the wife $40,000 within 60 days, and upon compliance, he would be declared the sole beneficial owner of the B Street, Suburb C property, with an indemnity against existing mortgages. In the event of default, the property was to be listed for sale, with proceeds distributed first to discharge mortgages, then selling costs, then the $40,000 to the wife, and the balance to the husband. If the property did not sell by private treaty by 1 August 2020, it was to be listed for auction. The husband was to retain his interests in two motor vehicles and be solely liable for associated debts, indemnifying the wife. The wife was to retain her interest in a third motor vehicle and indemnify the husband for any associated debt. Each party was to retain their own chattels and be solely liable for debts in their sole name. The wife was also entitled to $20,000 from the husband's interest in the Alawi Superannuation Fund, to be paid as a splittable payment. The Registrar was appointed to execute any necessary documents in the event of a party's default.