Koo and Shen

Case

[2017] FCCA 3017

15 December 2017


Details
AGLC Case Decision Date
Koo and Shen [2017] FCCA 3017 [2017] FCCA 3017 15 December 2017

CaseChat Overview and Summary

In the matter of Koo and Shen, heard in the Federal Circuit Court of Australia, the dispute concerned the division of property between the parties. The court was required to make orders regarding the distribution of funds held in trust and the entitlement of each party to their respective superannuation and other property.

The primary legal issues before the court were how to divide the funds held in trust by Slater & Gordon between the Wife and the Husband, and how to allocate other assets, including superannuation and insurance policies, between the parties. The court also needed to determine the effective date for the division of property and the exclusion of each party from the other's assets.

Judge Burchardt ordered that $42,500 of the funds held in trust by Slater & Gordon be paid to the Wife, with the remainder to be paid to the Husband. Furthermore, the court declared that, unless otherwise specified, each party was solely entitled to all superannuation and other property in their possession as at the date of the orders, and that insurance policies would remain the property of the named owner or beneficiary. These orders were made subject to the enforcement of monies due under the current or any subsequent orders.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Constructive Trust

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

0

Singer v Berghouse [1994] HCA 40