Barends and Jerram

Case

[2020] FCCA 1044

7 May 2020


Details
AGLC Case Decision Date
Barends and Jerram [2020] FCCA 1044 [2020] FCCA 1044 7 May 2020

CaseChat Overview and Summary

In the matter of *Barends and Jerram*, heard by Judge McGuire, the dispute concerned the division of the parties' net tangible property and superannuation entitlements. The proceedings were brought by one party seeking orders for the division of assets and superannuation.

The court was required to determine the appropriate division of the parties' net tangible property and to make orders regarding the applicant's superannuation entitlement with the Retirement Benefits Fund (Tas). Specifically, the court needed to decide the percentage split of the net tangible property and the quantum of the respondent's interest in the applicant's superannuation.

Judge McGuire ordered that the net tangible property of the parties be divided equally, with 50% to the applicant and 50% to the respondent. Furthermore, a flagging order was made in favour of the respondent concerning the applicant's superannuation entitlement with the Retirement Benefits Fund (Tas), with a base amount equivalent to 30% of its value. The parties' solicitors were directed to bring in settled orders within twenty-eight days reflecting these decisions, including the distribution of personalty, chattels, and plant and equipment, with liberty to apply in respect of these orders.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Luxton v Vines [1952] HCA 19
Jabour & Jabour [2019] FamCAFC 78