Manton and Cape

This matter concerned a dispute between Ms Manton and Mr Cape, heard by Benjamin J in the Family Court of Australia. The proceedings involved an application for property settlement and spousal maintenance.

The court was required to determine the terms of a consent order resolving the parties' financial claims. Specifically, the court needed to approve and formalise an agreement that addressed the division of property, including real estate and personal assets, as well as superannuation entitlements.

Benjamin J made orders in accordance with a minute of consent signed by the parties. These orders provided for the appointment of a Case Guardian for Mr Cape, the transfer of property interests, the payment of a sum of money, and the division of various assets and liabilities. The orders also included specific provisions for the division of the Applicant's superannuation benefits held with Tasplan Superannuation, pursuant to s 90MT of the Family Law Act 1975. The court noted that the parties intended these orders to be a full and final settlement of their claims.

The court ordered that the parties' applications be dismissed, with no order as to costs. The matter was removed from the list of cases requiring determination.