FEDERAL CIRCUIT COURT OF AUSTRALIA
| JARVIS & SEYMOUR | [2016] FCCA 1676 |
| Catchwords: FAMILY LAW – Property – alteration of interests – (omitted) pension – whether contribution rendered more arduous post-separation – assessment of future needs – how many pools of assets. |
| Legislation: Family Law Act 1975, ss.75(2), 79 |
| Cases cited: Bevan & Bevan [2013] FamCAFC 116 Hickey & Hickey & Attorney General for the Commonwealth of Australia [2003] FamCA395 |
| Applicant: | MS JARVIS |
| Respondent: | MR SEYMOUR |
| File Number: | WOC 552 of 2014 |
| Judgment of: | Judge Altobelli |
| Hearing dates: | 4-5 February 2016; 1-2 June 2016 |
| Date of Last Submission: | 2 June 2016 |
| Delivered at: | Wollongong |
| Delivered on: | 5 September 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr Millar |
| Solicitors for the Applicant: | Rita Thakur & Associates |
| Counsel for the Respondent: | Mr Richards |
| Solicitors for the Respondent: | Dribbus Kovacevic Lawyers |
ORDERS
That the monies held by the solicitors for the Husband in their controlled monies account be divided as follows:
(a)$201,499.05 to the Husband;
(b)$245,337.95 to the Wife;
(c)52.5 per cent of any remaining balance to the Husband;
(d)The remaining balance to the Wife.
That the Wife be the sole owner of her Mitsubishi (omitted) motor vehicle registration number (omitted).
That the Husband be the sole owner of his Holden (omitted) motor vehicle registration number (omitted).
That a base amount of $380,389 is allocated, as required by s.90MT (4) of the Family Law Act 1975, to Ms Jarvis out of Mr Seymour's (member number (omitted)) interest in the (omitted) Superannuation Scheme.
That in accordance with paragraph 90MT (1) (a) of the Family Law Act 1975:
(a)Ms Jarvis is entitled to be paid the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001; and
(b)Mr Seymour's entitlement to payments out of their interest in the (omitted) Superannuation Scheme and the entitlement of such other person to whom a splittable payment may be payable, is correspondingly reduced by force of this order.
That the Trustee of the (omitted) Superannuation Scheme ("the Trustee") shall do all such acts and things and sign all such documents as may be necessary to:
(a)Calculate, in accordance with the requirements of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001, the entitlement created for Ms Jarvis by clause 5 of this order; and
(b)Pay the entitlement whenever the Trustee makes a splittable payment out of Mr Seymour's interest in the (omitted) Superannuation Scheme.
That these orders have effect from the operative time and the operative time for this order is two (2) weeks from the date when these Orders are served upon the Trustee.
That this order binds the Trustee of the (omitted) Superannuation Scheme.
That the Husband and Wife have the sole right, title and interest in:
(a)Any chattels, goods,…
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- Jarvis & Seymour [2016] FCCA 1676
- Case
- [2016] FCCA 1676
- Decision Date
CaseChat Overview and Summary
The court was required to determine how the monies held in the solicitors' controlled monies account should be divided between the parties. Further, the court needed to decide the sole ownership of the respective motor vehicles and, crucially, to make orders regarding the Husband's superannuation interest in the (omitted) Superannuation Scheme, specifically in accordance with section 90MT of the *Family Law Act 1975* (Cth).
The court ordered a specific division of the monies held by the solicitors, with a base amount and a percentage of any remaining balance allocated to each party. The motor vehicles were to be held solely by their respective owners. In relation to the superannuation, the court allocated a base amount to the Wife out of the Husband's interest, as required by s 90MT(4) of the *Family Law Act 1975*. The court further ordered that the Wife was entitled to be paid an amount calculated in accordance with the relevant regulations, and that the Husband's entitlement would be correspondingly reduced. The Trustee of the superannuation scheme was directed to take all necessary steps to calculate and pay the Wife's entitlement when a splittable payment was made from the Husband's interest. These orders were to take effect two weeks after service on the Trustee and were binding upon the Trustee. Finally, the parties were to have sole title to any chattels, goods, furnishings, property, moneys, or shares already in their respective possession or sole name.
Orders
Orders of the court
1.
That the monies held by the solicitors for the Husband in their controlled monies account be divided as follows:
(a) $201,499.05 to the Husband;
(b) $245,337.95 to the Wife;
(c) 52.5 per cent of any remaining balance to the Husband;
(d) The remaining balance to the Wife.
2.
That the Wife be the sole owner of her Mitsubishi (omitted) motor vehicle registration number (omitted).
3.
That the Husband be the sole owner of his Holden (omitted) motor vehicle registration number (omitted).
4.
That a base amount of $380,389 is allocated, as required by s.90MT (4) of the Family Law Act 1975, to Ms Jarvis out of Mr Seymour's (member number (omitted)) interest in the (omitted) Superannuation Scheme.
5.
That in accordance with paragraph 90MT (1) (a) of the Family Law Act 1975:
(a) Ms Jarvis is entitled to be paid the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001; and
(b) Mr Seymour's entitlement to payments out of their interest in the (omitted) Superannuation Scheme and the entitlement of such other person to whom a splittable payment may be payable, is correspondingly reduced by force of this order.
6.
That the Trustee of the (omitted) Superannuation Scheme ("the Trustee") shall do all such acts and things and sign all such documents as may be necessary to:
(a) Calculate, in accordance with the requirements of the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001, the entitlement created for Ms Jarvis by clause 5 of this order; and
(b) Pay the entitlement whenever the Trustee makes a splittable payment out of Mr Seymour's interest in the (omitted) Superannuation Scheme.
7.
That these orders have effect from the operative time and the operative time for this order is two (2) weeks from the date when these Orders are served upon the Trustee.
8.
That this order binds the Trustee of the (omitted) Superannuation Scheme.
9.
That the Husband and Wife have the sole right, title and interest in:
(a) Any chattels, goods, furnishings and other property which are, at the date hereof, in their possession respectively.
(b) Any moneys, shares, debentures which stand in their sole name respectively at the date hereof.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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