CLARK & CLARK

In the matter of CLARK & CLARK, Judge Burchardt of the Federal Circuit and Family Court of Australia considered a dispute between a husband and wife concerning the division of their financial resources. The proceedings involved the allocation of funds held in trust and a superannuation interest, as well as the division of various tangible assets.

The court was required to determine the appropriate distribution of the parties' property, including the payment of outstanding tuition fees from a trust fund, the division of a superannuation interest between the husband as the member spouse and the wife as the non-member spouse, and the entitlement to specific personal property. The court also needed to make orders binding on the trustee of the superannuation fund to facilitate the division of the superannuation interest.

Judge Burchardt ordered that the tuition fees owing to [omitted] College be paid from the funds held on trust by Lander & Rogers, with the remaining balance to be paid to the wife. The husband was to retain his shares, including those held by the [omitted] Family Trust. Crucially, the wife was to be allocated a base amount of $145,164.50 from the husband/wife's interest in the [T] Super Fund, with the trustee directed to pay this amount to the wife upon splittable payments being made from the husband's interest. The court also imposed restraints on the husband regarding his superannuation interest to ensure the integrity of the payment split. The husband was to receive specific items of personal property, while the wife was to receive all other items listed in her Case Outline, with each party retaining sole entitlement to other property in their possession.