Hackett and Hackett

Case

[2007] FamCA 1618

21 December 2007


Details
AGLC Case Decision Date
Hackett and Hackett [2007] FamCA 1618 [2007] FamCA 1618 21 December 2007

CaseChat Overview and Summary

In the matter of *Hackett and Hackett*, Justice Mullane of the Family Court of Australia considered an application to set aside consent orders made on 23 July 1999. The dispute concerned the division of property and superannuation interests between the husband and wife.

The primary legal issues before the Court were whether the original consent orders should be set aside, and if so, what new orders should be made regarding the financial and superannuation entitlements of the parties. The Court was required to determine the appropriate distribution of assets, including a specific sum of money and a portion of the husband's superannuation.

Justice Mullane reasoned that the original consent orders were no longer appropriate and ordered that they be set aside. The Court then made new orders requiring the husband to pay the wife a sum of $20,000, with interest calculated from 1 February 2007. Furthermore, the Court ordered that the wife be entitled to a specific portion of the husband's superannuation interest in the A Superannuation fund, calculated according to the Family Law (Superannuation) Regulations 2001, with a base amount of $39,917 as at 1 February 2007. These orders were made binding on the trustee of the superannuation fund.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Remedies

  • Injunction

  • Fiduciary Duty

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Cases Citing This Decision

3

MYLES & TOLMAN [2017] FamCA 157
STRICKLAND & PURCELL [2015] FamCA 372
Greetham & Greetham [2010] FamCA 246
Cases Cited

1

Statutory Material Cited

1

RBH & JIH [2005] FamCA 226