Keadle & Holcombe

Case [2024] FedCFamC2F 808


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Keadle & Holcombe [2024] FedCFamC2F 808  

File number(s): ADC 1734 of 2020
Judgment of: JUDGE PARKER
Date of judgment: 26 June 2024 
Catchwords: FAMILY LAW – PROPERTY – Where it is alleged that the Husband improperly removed funds from the parties’ self-managed superannuation fund – where there is a consequential dispute as to finalisation of the accounts of the fund
Legislation:

Evidence Act 1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 75, 79, 81

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.15(3)(e)

Cases cited:

BAR & JMR (No 2) [2005] FamCA 386; (2005) FLC ¶93-231

Best & Best (1993) FLC ¶92-418

Bishop & Bishop [2013] FamCAFC 138; (2013) FLC ¶93-553

Browne & Green [1999] FamCA 1483; (1999) FLC ¶92-873

C & C [1998] FamCA 143

Chang & Su [2002] FamCA 156; (2002) FLC ¶93-117

NHC & RCH [2004] FamCA 633; (2004) FLC ¶93-204

Clauson & Clauson [1995] FamCA 10; (1995) FLC ¶92-595

Clowes & Konig [2022] FedCFamC1F 565

C & C [2005] FamCA 429; (2005) FLC ¶93-220

DJM & JLM (1998) FLC 92-816

D & D [2006] FamCA 199 (2006) FLC ¶93-256

Franklin & Ennis [2019] FamCAFC 91

Fu & Tiao [2023] FedCFamC1F 393

Gabel & Yardley [2008] FamCAFC 162; (2008) FLC ¶93-386

Gould & Gould [1995] FamCA 142; (1996) FLC ¶92-657

Grier & Malphas [2016] FamCAFC 8418

Kowaliw & Kowaliw (1981) FLC ¶91-092

L & L (2006) FLC ¶93-254

Mayne & Mayne (No 2) [2012] FamCAFC 90; (2012) FLC ¶93-510

AJO & GRO (2005) FLC ¶93-218

Palumbo & Mandel [2019] FamCAFC 228; (2019) FLC ¶93-929

Paul & Paul [2012] FamCAFC 64; (2012) FLC ¶93-505

Stanford & Stanford [2012] HCA 52; (2012) 247 CLR 108

Townsend & Townsend (1995) FLC ¶92-569

Trevi & Trevi [2018] FamCAFC 173; (2018) FLC ¶93-858

Trustee of the Property of Lemnos (A Bankrupt) & Lemnos & Anor [2009] FamCAFC 20; (2009) FLC ¶93-394

Weir & Weir [1992] FamCA 69; (1993) FLC ¶92-338

Whitehead & Whitehead [1979] FamCA 41; (1979) FLC ¶90-673

Division: Division 2 Family Law
Number of paragraphs: 155
Date of hearing: 7-9 May 2024
Place: Adelaide
Counsel for the Applicant: Mr Dillon
Solicitor for the Applicant: Thompson Smyth Barristers & Solicitors
Counsel for the Respondent: Mr Richards
Solicitor for the Respondent: AK Family Law

ORDERS

ADC 1734 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KEADLE

Applicant

AND:

MR HOLCOMBE

Respondent

ORDER MADE BY:

JUDGE PARKER

DATE OF ORDER:

26 JUNE 2024

THE COURT ORDERS THAT:

1.The parties forthwith do all acts and things required to:

(a)obtain advice from B Company or such other advisors as may be agreed between them as to the most effective strategy for finalising the accounts of the Super Fund 1 (‘the SMSF’) in a manner consistent with the findings of this judgment having regard to the need to…

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Keadle & Holcombe [2024] FedCFamC2F 808
Case
[2024] FedCFamC2F 808
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 2) recently addressed a property dispute between Ms Keadle and Mr Holcombe. The case revolves around allegations that Mr Holcombe improperly withdrew funds from their self-managed superannuation fund (SMSF). The dispute now centres on the finalisation of the SMSF accounts, including the need to ascertain the value of each party's entitlements. Ms Keadle, the applicant, sought orders to finalise the SMSF accounts and determine the value of each party's entitlements. The court was required to decide on the appropriate strategy for finalising the SMSF accounts and to determine the value of each party's entitlements, while also considering the need to minimise any taxation or other financial consequences.

Judge Parker acknowledged the complexity of the issues and the need for professional advice to navigate the finalisation process effectively. The court ordered that the parties obtain and implement advice from financial advisors to finalise the SMSF accounts in a manner consistent with the court's findings, aiming to minimise financial consequences. The court also granted the parties liberty to provide copies of the judgment to their advisors and to apply for further orders if needed. The matter is scheduled for a mention on 11 September 2024 to manage the case further. The parties may also jointly apply to vary the mention date if necessary. This decision ensures that the SMSF accounts are finalised in a structured and informed manner, considering the unique financial implications involved.

Orders

Orders of the court

ADC 1734 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KEADLE

Applicant

AND:

MR HOLCOMBE

Respondent

ORDER MADE BY:

JUDGE PARKER

DATE OF ORDER:

26 JUNE 2024

THE COURT ORDERS THAT:

1. The parties forthwith do all acts and things required to:

(a) obtain advice from B Company or such other advisors as may be agreed between them as to the most effective strategy for finalising the accounts of the Super Fund 1 (‘the SMSF’) in a manner consistent with the findings of this judgment having regard to the need to minimise any taxation or other financial consequences to the SMSF and/or the parties;

(b) implement such strategy; and

(c) ascertain the value of each of the parties’ member entitlements in the SMSF.

2. The parties each be at liberty to provide a copy of these reasons for judgment to the advisor referred to at order 1 hereof and any other professional or organisation for the purpose of obtaining advice with respect to or implementing these orders.

3. The parties each have liberty to apply with respect to the implementation of order 1 hereof.

4. The matter be listed for mention on 11 September 2024 at 9.30am for further case management.

5. The parties be at liberty to seek to vary the mention date provided for herein by way of joint communication to the chambers of Judge Parker.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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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