Wagner and Wagner

The parties in this matter were the husband and wife, and the dispute concerned the division of their financial resources, including superannuation and real property. The court making these orders was Judge Harland.

The legal issues before the court included how to allocate the husband's interest in the Wagner Family Super Fund, the payment of a sum of money from the husband to the wife, and the disposition of two properties, Property A and Property B. The court also had to consider the implications of these orders on existing mortgages and other liabilities associated with the properties, as well as the potential sale of Property A if the husband failed to make the ordered payment.

The court ordered that a base amount of $6,000 be allocated to the wife from the husband's superannuation interest, to be paid by the Trustee in accordance with the Family Law Act 1975 and associated regulations. Additionally, the husband was ordered to pay the wife $27,200 within 90 days. Upon this payment, the husband would retain sole proprietorship of Property A and Property B, with the wife relinquishing all claims to them. The husband was also to indemnify the wife against all liabilities and outgoings related to both properties, including mortgages. In the event the husband failed to make the $27,200 payment by the due date, Property A was to be sold, with the proceeds applied first to sale costs, then to discharge any encumbrances, and finally, the balance was to be distributed with 40% to the wife and 60% to the husband. The court also declared that the husband would retain his sole interest in Property B, and the wife would provide a withdrawal of caveat upon receipt of the payment or proceeds from the sale of Property A. Each party was to retain their respective superannuation and other employment entitlements, and be solely liable for any liabilities encumbering assets they were entitled to.