Winder and Winder

This matter concerned orders made by Judicial Registrar Loughnan regarding the division of property between a husband and wife. The primary dispute revolved around the real property known as the "[F] property" and the wife's superannuation entitlements.

The court was required to determine the terms of the transfer of the husband's interest in the [F] property to the wife, including the payment to be made by the wife and the discharge of the existing mortgage. It also needed to establish a mechanism for the sale of the property should the wife fail to comply with the transfer order, specifying procedures for listing, sale by private treaty or auction, reserve price determination, and the distribution of sale proceeds. Furthermore, the court had to address the division of the wife's superannuation entitlements, specifying the amount to be paid to the husband and the operative time for this division, as well as outlining procedures for notification and facilitation of the split.

The court ordered that the husband transfer his interest in the [F] property to the wife within three months, subject to the wife indemnifying the husband against mortgage payments and rates, paying the husband $300,000, and discharging the mortgage. In the event of the wife's non-compliance, the property was to be sold by private treaty or auction, with detailed provisions for agent and auctioneer appointment, reserve price setting, and sale negotiations. The proceeds were to be applied first to sale expenses and the mortgage, with the balance split 40.7% to the husband and the remainder to the wife. The court also ordered a split of the wife's superannuation, with the husband entitled to a specific amount calculated under the Family Law (Superannuation) Regulations 2001, and established procedures for the trustee's compliance and notification to the husband regarding the wife's retirement or access to benefits. Pending transfer or sale, the wife was granted exclusive use of the property and was responsible for outgoings, while both parties were restrained from encumbering their interests. The court also made orders regarding other property and appointed the Registrar to execute documents if necessary.