Froth & Froth

[2007] FamCA 1608

FAMILY COURT OF AUSTRALIA

FROTH & FROTH [2007] FamCA 1608

FAMILY LAW – PROPERTY – Settlement in relation to marriage

Family Law Act 1975 (Cth)

APPLICANT: Ms Froth

RESPONDENT: Mr Froth

FILE NUMBER: SYF 3354 of 2005

DATE DELIVERED: 21 December 2007

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 9 - 12 July 2007 (consent orders about chattels received 4.12.07)

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Lloyd

SOLICITOR FOR THE APPLICANT: Newnhams Solicitors

COUNSEL FOR THE RESPONDENT: Mr Lethbridge SC

SOLICITOR FOR THE RESPONDENT: Everingham Solomons Solicitors

Orders

1. Pursuant to s.79 an order be made in accordance with paragraphs 2 – 16 hereof: 

2. The wife be declared the beneficial and legal owner of and the parties within two months from the date of these orders do all things and sign all documents necessary to transfer to the wife any right, title and interest the husband has in the following:-

   2.1.Property located at …, N;

   2.2.Funds at Bank;

   2.3.Her shareholdings in public companies;

   2.4.Her interest in the L Ski Lodge;

   2.5.Her interest in the Ms Froth Superannuation Fund;

   2.6.Her interest in the First State Superannuation Fund;

   2.7.Her interest in her late father’s estate.

3. The husband be declared the beneficial legal owner of and the parties within two months from the date of these orders do all things and sign all documents necessary to transfer to the husband any right, title and interest that the wife has in the following:-

   3.1.“[D] Plains”, …;

   3.2.D Homestead;

   3.3.Irrigation licence;

   3.4.The husband’s farming business – “[Froth] Enterprises” and “[Froth] Investments”;

   3.5.Any plant and equipment located at “[D] Plains” together with the proceeds of sale of the G property cattle;

   3.6.The husband’s interest in the D Trust;

   3.7.Any loan account in the D Trust;

   3.8.Westpac account;

   3.9.E Trade ANZ account;

   3.10.The husband’s shareholdings in public companies (subject to order 7);

   3.11.The husband’s interest in L Ski Lodge;

   3.12.The husband’s interest in his self-managed superannuation fund;

   3.13.The husband’s interest in Mr & Ms Froth Superannuation Fund;

   3.14.The husband’s interest in the property at H.

4. Within two months from the date of these orders, the husband and wife do all acts and things as are necessary to transfer to the wife the proceeds of sale of the G property being approximately $809,900 currently contained within a Westpac Offset account in the joint names of the parties together with any interest accumulated on that account.

5. Within two months from the date of these orders, the husband and wife do all things and acts as are necessary to roll-out into a Fund of the wife’s choosing the wife’s interest in the Mr & Ms Froth Superannuation Fund amounting to approximately $159,449.

6. Within two months from the date of these orders, the wife do all things and execute all documents as are necessary to assign to the husband all her interest in the D Trust assessed to have a value of approximately $71,817.

7. The husband do all acts and things as are necessary to transfer to…