England & England

Case [2005] FMCAfam 204

FEDERAL MAGISTRATES COURT OF AUSTRALIA

ENGLAND & ENGLAND [2005] FMCAfam 204
FAMILY LAW – Property – splitting superannuation – allegations of fraud – standard of proof – acceptance of “Red Book” vehicle valuation – contributions – onus on person seeking injunction.
Family Law Act1975 (Cth), ss.75, 79, 90MT
Lee Steere and Lee Steere (1985) FLC 91-626
Ferraro (1993) FLC 92-335
Clauson (1995) FLC 92-595
Russell v Russell (1999) FLC 92-877
Jones v Dunkel (1959) 101 CLR 298
Lindsey and Lindsey (1995) FLC 92-638
Reifek v McElroy (1965) 112 CLR 517
Helton v Allen (1940) 63 CLR 691
Briginshaw v Briginshaw (1938) 60 CLR 336
H & H (2002) FMCAfam 209
Williams and Williams (1985) FLC 91-628
Sieling and Sieling (1979) FLC 90-627
Blueseas Investments v Mitchell & McGillivray (1999) FLC 92-856
Applicant: LORRAINE ANNE ENGLAND
Respondent: MICHAEL JOHN ENGLAND
File Number: HBM 2592 of 2001
Judgment of: Roberts FM
Hearing dates: 2 & 3 June 2004 & 7 February 2005
Date of Last Submission: 7 February 2005
Delivered at: Hobart
Delivered on: 6 May 2005

REPRESENTATION

Counsel for the Applicant: Mr. D. Keating
Solicitors for the Applicant: Hand Ogilvie & Brehney
The Respondent was not represented by a lawyer.

ORDERS

  1. That whenever a splittable payment is payable in respect of the superable interest of MICHAEL JOHN ENGLAND (member number 470672) in the RBF Defined Benefit Contributory Scheme (“the Fund);

    (a)LORRAINE ANNE ENGLAND is entitled to be paid an amount calculated in accordance with the Family Law (Superannuation) Regulations 2001, using a base amount in the sum of One hundred and twenty seven thousand dollars ($127,000.00) at the operative time; and

    (b)there is a corresponding reduction in the entitlement of MICHAEL JOHN ENGLAND to whom payment would have been made but for this Order.

  2. That Order No. 1 hereof binds the trustee or trustees from time to time of the Fund.

  3. That for the purposes of Order No. 1 hereof the operative time is the forth day after which a copy of this Order is served upon the trustee of the Fund.

  4. That the Court declares that the trustee of the Fund has been accorded procedural fairness in relation to the making of these Orders.

  5. That MICHAEL JOHN ENGLAND transfer to LORRAINE ANNE ENGLAND all his right, title and interest in the 1988 Nissan Skyline motor vehicle, registered number AE 978.

  6. That LORRAINE ANNE ENGLAND transfer to MICHAEL JOHN ENGLAND all her right, title and interest in the 1989 Nissan Skyline Silhouette GTS motor vehicle in his possession and in the 1980 Nissan 720 4WD motor vehicle in his possession

  7. That the parties’ costs applications be adjourned for mention at 10.00 a.m. on Monday 6th June 2005.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
HOBART

HBM 2592 of 2001

LORRAINE ANNE ENGLAND

Applicant

And

MICHAEL JOHN ENGLAND

Respondent

REASONS FOR JUDGMENT

Applications

  1. This matter has had a relatively long history in this Court but the Applications currently before the Court are an Amended Application by LORRAINE ANNE ENGLAND (“the…

Continue reading England & England

Sign in free to access the full text

Details
AGLC
England & England [2005] FMCAfam 204
Case
[2005] FMCAfam 204
Decision Date

CaseChat Overview and Summary

The case of England & England involved a dispute over the distribution of superannuation benefits and personal property between Lorraine Anne England and Michael John England. The matter was heard and determined in the Family Court of Australia. The primary focus of the court was to decide how to allocate the superannuation benefits from the RBF Defined Benefit Contributory Scheme, considering the Family Law (Superannuation) Regulations 2001, and to resolve the ownership of specific motor vehicles between the parties.

The legal issues that arose in this case included the calculation and distribution of superannuation benefits in accordance with the Family Law (Superannuation) Regulations 2001, and the determination of the ownership of certain motor vehicles that were in possession of the parties. Specifically, the court needed to determine the base amount for the calculation of Lorraine’s entitlement to the superannuation benefits and whether the trustee of the Fund had been procedurally fair in making these orders.

The court ruled that Lorraine Anne England was entitled to a specific amount of superannuation benefits, calculated using a base amount of $127,000.00, in accordance with the Family Law (Superannuation) Regulations 2001. This decision resulted in a corresponding reduction of Michael John England's entitlement. The court also found that the trustee of the Fund had been procedurally fair in making these orders. Additionally, the court ordered the transfer of specific motor vehicles between the parties, with Lorraine to receive the 1988 Nissan Skyline motor vehicle, and Michael to retain the 1989 Nissan Skyline Silhouette GTS and the 1980 Nissan 720 4WD motor vehicle. The court further adjourned the parties’ costs applications for mention on a specified date.

The court’s orders effectively provided a clear directive on how the superannuation benefits were to be distributed and clarified the ownership of the specific motor vehicles, ensuring that both parties understood their respective entitlements and obligations.

Orders

Orders of the court

1.

That whenever a splittable payment is payable in respect of the superable interest of MICHAEL JOHN ENGLAND (member number 470672) in the RBF Defined Benefit Contributory Scheme (“the Fund);

(a) LORRAINE ANNE ENGLAND is entitled to be paid an amount calculated in accordance with the Family Law (Superannuation) Regulations 2001, using a base amount in the sum of One hundred and twenty seven thousand dollars ($127,000.00) at the operative time; and

(b) there is a corresponding reduction in the entitlement of MICHAEL JOHN ENGLAND to whom payment would have been made but for this Order.

2.

That Order No. 1 hereof binds the trustee or trustees from time to time of the Fund.

3.

That for the purposes of Order No. 1 hereof the operative time is the forth day after which a copy of this Order is served upon the trustee of the Fund.

4.

That the Court declares that the trustee of the Fund has been accorded procedural fairness in relation to the making of these Orders.

5.

That MICHAEL JOHN ENGLAND transfer to LORRAINE ANNE ENGLAND all his right, title and interest in the 1988 Nissan Skyline motor vehicle, registered number AE 978.

6.

That LORRAINE ANNE ENGLAND transfer to MICHAEL JOHN ENGLAND all her right, title and interest in the 1989 Nissan Skyline Silhouette GTS motor vehicle in his possession and in the 1980 Nissan 720 4WD motor vehicle in his possession

7.

That the parties’ costs applications be adjourned for mention at 10.00 a.m. on Monday 6th June 2005.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.