Wheller and Wheller

This matter came before Macmillan J concerning a property settlement dispute between the husband and wife. The parties sought orders by consent to resolve their financial relationship.

The court was required to determine the terms of a property settlement, including the division of assets and liabilities, the discharge and refinancing of mortgages, and the allocation of superannuation entitlements. The orders also addressed ongoing financial obligations pending the final settlement, such as monthly payments, property expenses, and the husband's restraint from dealing with certain assets.

The court's reasoning was based on the consent of the parties, who agreed to the terms outlined in the orders. These orders provided for the husband to pay a significant sum to the wife, the refinancing of the former matrimonial home into their respective sole names, and the wife's resignation from offices and transfer of shares in the husband's entities. Crucially, the orders also stipulated that the wife's entire entitlement in the Wheller Superannuation Fund would be allocated to the husband, with specific provisions for splittable payments. The court also noted the parties' intention for these orders to finalise their financial relationship and their entry into a Binding Financial Agreement and a Binding Child Support Agreement.

By consent, the court ordered the discharge of all previous orders and detailed the specific property settlement terms, including financial payments, asset transfers, and superannuation allocation. The orders also included provisions for ongoing expenses, restraints on the husband's dealings with certain assets, and the final division of other assets and liabilities. All extant applications were dismissed, and the matter was removed from the court's list.