Arthur and Arthur
Case
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[2016] FamCA 324
•10 May 2016
Details
AGLC
Case
Decision Date
Arthur and Arthur [2016] FamCA 324
[2016] FamCA 324
10 May 2016
CaseChat Overview and Summary
In the matter of *Arthur and Arthur*, Rees J made orders concerning the property settlement between the husband and wife. The dispute centred on the division of assets, including real estate and superannuation interests, and the terms of payment for the wife's entitlement.
The court was required to determine the quantum of the property settlement payable to the wife, the mechanism for securing that payment, and the method for distributing the husband's superannuation entitlements. Specifically, the court had to address the division of a property at B Street, Suburb C, and the husband's superannuation fund with Cbus, including the process for payment and potential rollovers.
Rees J ordered the husband to pay a sum of $163,375 to the wife within three months as property settlement. Should the husband fail to make this payment, he was directed to facilitate the sale of the B Street property and pay the wife her entitlement from the proceeds, with interest. The court also made detailed orders regarding the husband's Cbus superannuation fund, directing the Trustee to pay a specified base amount of $106,000 to the wife from splittable payments and to make corresponding reductions to the husband's entitlement. Further orders facilitated the potential rollover of transferable benefits from the husband's fund to the wife's AMP superannuation fund. The orders were to take effect four business days after service on the Cbus Trustee, with the husband to retain sole possession of household goods at Suburb C, and each party to retain other property in their possession.
The court was required to determine the quantum of the property settlement payable to the wife, the mechanism for securing that payment, and the method for distributing the husband's superannuation entitlements. Specifically, the court had to address the division of a property at B Street, Suburb C, and the husband's superannuation fund with Cbus, including the process for payment and potential rollovers.
Rees J ordered the husband to pay a sum of $163,375 to the wife within three months as property settlement. Should the husband fail to make this payment, he was directed to facilitate the sale of the B Street property and pay the wife her entitlement from the proceeds, with interest. The court also made detailed orders regarding the husband's Cbus superannuation fund, directing the Trustee to pay a specified base amount of $106,000 to the wife from splittable payments and to make corresponding reductions to the husband's entitlement. Further orders facilitated the potential rollover of transferable benefits from the husband's fund to the wife's AMP superannuation fund. The orders were to take effect four business days after service on the Cbus Trustee, with the husband to retain sole possession of household goods at Suburb C, and each party to retain other property in their possession.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
Legal Concepts
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Remedies
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Jurisdiction
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Statutory Construction
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Citations
Arthur and Arthur [2016] FamCA 324
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