Hellemans and Bent
Case
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[2009] FamCA 332
•1 May 2009
Details
AGLC
Case
Decision Date
Hellemans and Bent [2009] FamCA 332
[2009] FamCA 332
1 May 2009
CaseChat Overview and Summary
In the matter of *Hellemans and Bent*, Justice Fowler of the Federal Circuit and Family Court of Australia considered a dispute concerning the wife's liability to pay certain sums to the husband and into a superannuation fund, as stipulated by Final Orders made by consent on 11 September 2008. The proceedings also addressed the accrual of interest on these outstanding amounts.
The primary legal issues before the court were to confirm the precise amounts the wife was liable to pay, to determine the period during which interest would not accrue on those sums, and to establish the applicable interest rates for different periods, including the rate to be applied from the date of judgment onwards.
Justice Fowler declared that the wife was liable to pay $36,459.64 to the husband and $60,781 into the S Superannuation Fund, pursuant to the consent Final Orders. The court further ordered that interest would not accrue on these sums between 11 September 2008 and 10 February 2009 inclusive. Interest was to accrue at a rate of 5.5 per cent per annum from 11 February 2009 until the date of judgment, and thereafter at the rate specified under the *Family Law Rules 2004*. Each party was ordered to bear their own costs of the proceedings.
The primary legal issues before the court were to confirm the precise amounts the wife was liable to pay, to determine the period during which interest would not accrue on those sums, and to establish the applicable interest rates for different periods, including the rate to be applied from the date of judgment onwards.
Justice Fowler declared that the wife was liable to pay $36,459.64 to the husband and $60,781 into the S Superannuation Fund, pursuant to the consent Final Orders. The court further ordered that interest would not accrue on these sums between 11 September 2008 and 10 February 2009 inclusive. Interest was to accrue at a rate of 5.5 per cent per annum from 11 February 2009 until the date of judgment, and thereafter at the rate specified under the *Family Law Rules 2004*. Each party was ordered to bear their own costs of the proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Costs
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Remedies
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Citations
Hellemans and Bent [2009] FamCA 332
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