Benson and Benson (No 2)

This matter concerned an application by the wife against the husband regarding the division of their property. The dispute centred on the husband's control and use of funds, particularly those held in trust and his superannuation.

The court was required to determine how funds held by the husband, including those in his Westpac accounts and superannuation, should be managed and distributed in light of the property settlement. Specifically, the court needed to consider the husband's entitlement to access these funds for living expenses and other specified costs, while also ensuring the wife's interests were protected.

Justice Gill applied principles of family law concerning property division and the need for equitable outcomes. The court reasoned that it was necessary to impose strict controls on the husband's access to funds to prevent dissipation and ensure compliance with the property settlement. This involved ordering the deposit of specific funds into a trust account, restraining drawings from various bank and superannuation accounts, and detailing permissible expenditures for living expenses. The court also included provisions for notification of employment and the deposit of medical rebates.