Barre & Barre (Superannuation)

[2021] FamCA 463

FAMILY COURT OF AUSTRALIA

Barre & Barre (Superannuation) [2021] FamCA 463

File number(s):

SYC 6149 of 2016

Judgment of:

HARPER  J

Date of judgment:

19 August 2021

Catchwords:

FAMILY LAW – PROPERTY – Superannuation – Where the parties have interests in a self-managed superannuation fund – Where final judgment already delivered concerning enforcement of a binding financial agreement – Where Court has found it cannot make splitting orders and there is no enforceable superannuation agreement - Where the husband is bankrupt and removed as a director of trustee corporations – In circumstances where the self-managed superannuation fund owns real estate – Where Court sought further submissions and evidence concerning superannuation interests – Where wife obtains  expert advice about how to manage superannuation interests.

Legislation:

Family Law Act 1975 (Cth) ss 90G, 114

Corporations Act 2001 (Cth) s 206B

Real Property Act 1900 (NSW) s 57

Superannuation Industry (Supervision) Act 1993 (Cth) ss 10, 17A, 67A, 106A

Cases cited:

Barre & Barre [2021] FamCA 101

CSR Ltd v Chief Commissioner of State Revenue (2006) 68 NSWLR 440

SAS v Trustee Corporation v Arthur Cox [2011] NSWCA 408

Number of paragraphs:

47

Date of last submission/s:

2 August 2021

Date of hearing:

On the papers

Place:

Sydney

Solicitor for the Applicant:

Swaab Attorneys

The First Respondent:

Litigant in Person

ORDERS

SYC6149 of 2016

BETWEEN:

MS BARRE

Applicant

AND:

MR BARRE

First Respondent

BARRE PTY LIMITED

Second Respondent

MS GILLIAM (and another named in the Schedule)

Third Respondent

ORDER MADE BY:	HARPER  J
DATE OF ORDER:	19 AUGUST 2021

THE COURT ORDERS THAT:

1.The First Respondent Husband (“the husband”) and the Third Respondent be restrained by injunction from doing any act or thing to:

(a)Cause a Caveat to be lodged against the Title to real property situate at and known as 2 G Street, Suburb B in the State of New South Wales (Folio Identifier …) ("2 G Street");

(b)Contact or approach prospective purchasers of 2 G Street or their Lawyers or the Agent acting on any sale of 2 G Street.

2.That within 7 days of the Applicant Wife (“the wife”) notifying the husband of the date of settlement of any sale of 2 G Street, the husband:

(a)Provide to the wife in her capacity as Director of the Barre Super Fund Pty Limited, as Corporate Trustee for the Barre Family Super Fund details of a compliant superannuation fund into which the Husband's member interests in the Barre Family Super Fund are to be rolled over; and

(b)Execute all necessary documents and provide all necessary authorities to facilitate and bring about the said roll over.

3.For the avoidance of doubt, all claims in the proceedings concerning superannuation interests are otherwise dismissed.

4.Any outstanding bankruptcy issues are stood over to a date to be advised.

5.The wife's costs of and incidental to the determination of the issues the subject of the judgment herein be reserved.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy…