Macarthur & Macarthur (No 5)

The case of Macarthur & Macarthur (No 5) involved a dispute between Ms Macarthur and Mr Macarthur concerning the division of their asset pool, spousal maintenance, and child support. The case was heard in the Federal Circuit and Family Court of Australia. The applicant sought an order for the division of funds in a trust account, spousal maintenance, and a superannuation splitting order. Additionally, the applicant alleged that the respondent had not paid maintenance arrears. The respondent opposed the application for spousal maintenance and superannuation splitting.

The primary legal issues before the court were whether the applicant was entitled to spousal maintenance and child support, the characterisation of a lump sum payment, and the determination of beneficial ownership of the funds in the trust account. The court had to consider the relevant statutory provisions, including sections 79 and 90 of the Family Law Act 1975 (Cth), and the case law interpreting these provisions. The court also needed to determine the appropriate distribution of the funds in the trust account and whether the applicant was entitled to spousal maintenance or child support.

The court found that the applicant was not entitled to spousal maintenance as she had not established that she was unable to maintain herself to the standard of living she had enjoyed during the marriage. The court also found that the lump sum payment was not a property settlement payment but rather a child support payment. The court determined that the applicant was not entitled to a superannuation splitting order as the applicant had not demonstrated that the order was in the best interests of the children. The court also found that the applicant had not established that the respondent had failed to pay maintenance arrears.

The court ordered that the funds in the trust account be distributed to the applicant and the respondent, with the applicant receiving $129,340 and the balance going to the respondent. The court dismissed the applicant's application for spousal maintenance and child support and discharged all orders for the payment of spousal maintenance. The court also dismissed the applicant's application for a superannuation splitting order. The form of the order was subject to review to remedy minor typographical or grammatical errors or to record a variation to the order.