Glover & Glover (No. 2)

Case

[2009] FamCA 441

26 May 2009


Details
AGLC Case Decision Date
Glover & Glover (No. 2) [2009] FamCA 441 [2009] FamCA 441 26 May 2009

CaseChat Overview and Summary

In *Glover & Glover (No. 2)*, Moore J of the Federal Circuit Court of Australia made orders concerning the property settlement between the husband and wife. The dispute involved the division of investment funds derived from the sale of a property and the husband's superannuation entitlements.

The court was required to determine how the remaining investment funds were to be disbursed between the parties and to make orders regarding the husband's superannuation, specifically allocating a base amount to the wife from his interest in the SMF Funds Management Superannuation Fund pursuant to section 90MT(4) of the *Family Law Act 1975* (Cth). Additionally, the court needed to address the husband's obligation to pay a sum of money to the wife by way of property settlement under section 79 of the *Family Law Act 1975* (Cth), including the method and commencement of such payments.

Moore J ordered that the balance of the investment funds be disbursed with 60% to the wife and 40% to the husband. The court also made specific orders regarding the husband's superannuation, allocating a base amount of $42,547 to the wife from his interest in the Fund, which correspondingly reduced the husband's entitlement. Furthermore, the husband was ordered to pay the wife a sum of $313,326 by way of property settlement, to be paid in fortnightly installments equivalent to the net after-tax amount received from his Defence Force Retirements and Death Benefits scheme entitlement, commencing after 1 July 2009. The court also stipulated that each party was to retain their other property and be responsible for their own liabilities, unless otherwise specified.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Costs

  • Statutory Construction

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