Woodgate and Woodgate

In the matter of *Woodgate and Woodgate*, heard by Judge Henderson, the dispute concerned the division of assets and the provision of spousal maintenance following the breakdown of a marriage. The wife sought orders for spousal maintenance and a division of property, including superannuation.

The court was required to determine the appropriate quantum of spousal maintenance to be paid by the husband to the wife, and the method by which the husband's "hurt on duty" pension should be treated in the property settlement. Specifically, the court had to consider whether the pension should be commuted to a lump sum and how that lump sum should be divided between the parties.

Judge Henderson ordered the husband to pay the wife $680 per week by way of spousal maintenance until such time as he commuted his "hurt on duty" pension to a lump sum, at which point the spousal maintenance obligation would cease. The court also ordered an immediate division of funds held on trust, with the wife to receive $37,528 and the husband the balance. Furthermore, the husband was directed to commute his pension to a lump sum on a specified date, and upon doing so, to pay 57% of that lump sum to the wife, retaining the remaining 43% for himself. All other assets, including personalty, cash, and superannuation not otherwise dealt with, were to remain with the party in whose name they were held.