Warford and Warford

In the matter of *Warford and Warford*, Johnston J of the Family Court of Australia made orders concerning the property settlement between the husband and wife. The dispute involved the division of assets, including real property and superannuation interests, and the indemnification of the wife by the husband in relation to liabilities of a company.

The court was required to determine the appropriate division of the parties' property and superannuation interests, including the allocation of a specific amount from the husband's superannuation fund to the wife. Further issues included the mechanism for the sale of the husband's property in the event of non-payment of a sum ordered, the indemnification of the wife against company liabilities, and the release of both parties from further claims against each other. The court also considered the operative commencement date of its orders and the procedure for implementing the superannuation split.

Johnston J applied the principles of property settlement under the *Family Law Act 1975* (Cth), including section 79 for the division of property and section 90MT for superannuation interests. The court ordered the husband to pay a sum of money to the wife within 60 days, with a provision for the sale of his property if he failed to comply. A base amount of $40,000 was allocated from the husband's superannuation interest to the wife, with directions for the trustee to calculate and pay this entitlement. The court declared each party the sole owner of other property in their possession and ordered the husband to indemnify the wife against liabilities of Warford Pty Limited. Finally, both parties were released from all further claims against each other.