Geller and Cainer

Case

[2010] FamCA 730

19 August 2010


Details
AGLC Case Decision Date
Geller and Cainer [2010] FamCA 730 [2010] FamCA 730 19 August 2010

CaseChat Overview and Summary

In the matter of *Geller and Cainer*, heard before Justice Loughnan, the dispute concerned the division of superannuation entitlements between a husband and wife. The orders made by the court addressed the payment of a splittable payment from the husband's interest in the N Superannuation Fund to the wife.

The court was required to determine how the husband's superannuation interest should be divided and paid to the wife. This involved specifying the mechanism for payment, the operative time for the orders, and the process for the wife to nominate a superannuation fund for receipt of the payment. The orders also clarified the respective ownership of other property and resources between the parties.

Justice Loughnan ordered that a splittable payment, calculated based on a base amount of $764,699, be made from the husband's superannuation fund to the wife or her assigns. This payment was to be effected by the trustee of the fund, R Pty. Limited, with a corresponding reduction in the husband's entitlement. The orders were to take effect seven days after the date of the orders, and the wife was required to nominate a receiving superannuation fund within twenty-eight days. The husband, in his capacity as Director of the trustee, was directed to facilitate the roll-out of the specified sum to the nominated fund. Furthermore, the court declared each party to be the sole legal and beneficial owner of all other property and resources in their respective possession or control, except as otherwise provided.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Statutory Construction

  • Remedies

  • Fiduciary Duty

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Shorten v Shorten (No 2) [2003] NSWCA 60
Luxton v Vines [1952] HCA 19
Jones v Dunkel [1959] HCA 9