Korzeniowska and Korzeniowska
Case
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[2010] FamCA 100
•11 February 2010
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AGLC
Case
Decision Date
Korzeniowska and Korzeniowska [2010] FamCA 100
[2010] FamCA 100
11 February 2010
CaseChat Overview and Summary
In the matter of *Korzeniowska and Korzeniowska*, heard by Faulks DCJ, the dispute concerned the division of superannuation interests between the parties. The specific issue before the court was how to allocate a portion of the husband's interest in the State Authorities Superannuation Scheme to the wife.
The court was required to determine the method by which a splittable payment from the husband's superannuation interest would be divided, and the operative time for such division. The court also considered the entitlement of the wife to a specific monetary amount from this superannuation interest, and the corresponding reduction in the husband's entitlement.
Faulks DCJ ordered that, pursuant to s 90MT(1)(a) of the *Family Law Act 1975* (Cth), the wife is entitled to be paid a calculated amount from any splittable payment from the husband's interest in the State Authorities Superannuation Scheme. This amount was to be calculated in accordance with Part 6 of the *Family Law (Superannuation) Regulations 2001* (Cth), with a base amount of $90,000, resulting in a corresponding reduction of the husband's entitlement. The operative time for this order was set at twenty-eight business days after service of the final orders on the Trustee of the superannuation scheme. Liberty was reserved to the Trustee to apply to the court regarding the orders within twenty-eight days of service. All other property matters between the parties were removed from the pending cases inventory.
The court was required to determine the method by which a splittable payment from the husband's superannuation interest would be divided, and the operative time for such division. The court also considered the entitlement of the wife to a specific monetary amount from this superannuation interest, and the corresponding reduction in the husband's entitlement.
Faulks DCJ ordered that, pursuant to s 90MT(1)(a) of the *Family Law Act 1975* (Cth), the wife is entitled to be paid a calculated amount from any splittable payment from the husband's interest in the State Authorities Superannuation Scheme. This amount was to be calculated in accordance with Part 6 of the *Family Law (Superannuation) Regulations 2001* (Cth), with a base amount of $90,000, resulting in a corresponding reduction of the husband's entitlement. The operative time for this order was set at twenty-eight business days after service of the final orders on the Trustee of the superannuation scheme. Liberty was reserved to the Trustee to apply to the court regarding the orders within twenty-eight days of service. All other property matters between the parties were removed from the pending cases inventory.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Statutory Construction
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