BULOW & BULOW

Case

[2017] FCCA 2657

22 November 2017


Details
AGLC Case Decision Date
BULOW & BULOW [2017] FCCA 2657 [2017] FCCA 2657 22 November 2017

CaseChat Overview and Summary

In the matter of BULOW & BULOW, Judge Heffernan of the Federal Circuit and Family Court of Australia made orders concerning the division of property and superannuation entitlements between the parties. The dispute involved the division of non-superannuation assets, with the court ordering a 60:40 split in favour of the wife. The orders also addressed the division of specific assets, including real estate, vehicles, furniture, savings, investments, and superannuation.

The court was required to determine the appropriate division of the parties' non-superannuation assets and to make orders for the division of the husband's superannuation interest. This involved specifying how various assets, including a property, vehicles, personal effects, and financial accounts, were to be retained by each party. Furthermore, the court needed to ensure that the superannuation splitting orders were effective and binding on the trustee of the husband's superannuation fund, in accordance with the relevant provisions of the *Family Law Act 1975* and its associated regulations.

Judge Heffernan ordered a 60:40 division of the non-superannuation assets in favour of the wife. To give effect to this, specific directions were made regarding the disbursement of proceeds from the sale of a property, the retention of various assets by each party, and the division of their respective superannuation entitlements. The court also made orders for the splitting of the husband's superannuation interest in H Super Fund, specifying a base amount to be allocated to the wife and outlining the mechanism for future splittable payments. The orders further stipulated that each party would be responsible for their own debts, each party would bear their own costs of the proceedings (save for costs related to transfers), and injunctive relief was granted to prevent parties from pledging the other's credit. Provisions were also included for the execution of necessary documents by a Registrar in the event of default.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

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Cases Citing This Decision

3

Bulow & Bulow (No 4) [2021] FCCA 1175
Bulow & Bulow (No 3) [2021] FCCA 314
Bulow & Bulow (No 5) [2021] FedCFamC2F 166
Cases Cited

1

Statutory Material Cited

3

Petruski & Balewa [2013] FamCAFC 15