Falk & Falk (No. 2)

[2021] FamCA 579

FAMILY COURT OF AUSTRALIA

Falk & Falk (No. 2) [2021] FamCA 579

File number(s):

SYC 4653 of 2019

Judgment of:

HENDERSON J

Date of judgment:

6 August 2021

Catchwords:

FAMILY LAW – PROPERTY – Interim property – Where the husband seeks access to his share of funds held in a self-managed superannuation fund – Where the wife opposes the application – Where the husband suffers from an ongoing medical condition and is no longer employed – Where access to the funds sought would not jeopardise the wife’s final property application – Discussion of relevant principles – Orders made as sought by the husband.   

Legislation:

Family Law Act 1975 (Cth) ss 74, 79, 80(1)(h), 114

Cases cited:

Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466

Zschokke & Zschokke (1996) FLC 92-693

Number of paragraphs:

95

Date of hearing:

23 July 2021

Place:

Sydney

Counsel for the Applicant:

Mr Gould

Solicitor for the Applicant:

ATW Family Law

Counsel for the Respondent:

Mr Lloyd SC

Solicitor for the Respondent:

Dorter Family Lawyers and Mediators

ORDERS

SYC 4653 of 2019

BETWEEN:

MR FALK

Applicant

AND:

MS FALK

Respondent

ORDER MADE BY:	HENDERSON J
DATE OF ORDER:	6 AUGUST 2021

THE COURT ORDERS THAT:

1.That Order 4 of the Orders of 3 August 2020 be and is hereby discharged.

2.That within 7 days of the date of these Orders the parties, in their capacity as directors of L Pty Ltd as Trustee of the M Super Fund ("L Pty Ltd"), do all acts and things and sign all documents necessary to cause the Husband's entitlement in the M Super Fund ("Super Fund") to be paid to the Husband in full.

3.That for the purpose of Order 2 of these Orders the parties, in their capacity as directors of L Pty Ltd as Trustee of the Super Fund shall do all acts and things and sign all documents necessary to:-

(a)cause the balance of Commonwealth Bank Private Account #...47, less the value of the Wife's entitlements in the Super Fund to be paid to the Husband;

(b)cause the shares held by the Super Fund to be transferred to the Husband;

(c)cause the artwork held by the Super Fund to be transferred to the Husband.

4.Upon compliance with Orders 2 and 3:-

(a)the Husband will resign all offices, positions and/or employment in L Pty Ltd but shall first, if called upon to do so, vote at any meetings of members and directors thereof in favour of such resolutions as the Wife may direct to convert L Pty Ltd to a single shareholder/director company;

(b)the Husband will transfer to the Wife all of his shares and interests in L Pty Ltd;

(c)the Wife will assume from the Husband all debit loan accounts standing in her name and the parties' names jointly in L Pty Ltd;

(d)the Husband will release the Wife and L Pty Ltd from and against all and any actions, claims, suits and demands whatsoever that the Husband could otherwise bring against the Wife and/or…