Pilot and Pilot

Case

[2010] FamCA 1064

28 October 2010 & 22 November 2010


Details
AGLC Case Decision Date
Pilot and Pilot [2010] FamCA 1064 [2010] FamCA 1064 28 October 2010 & 22 November 2010

CaseChat Overview and Summary

This matter concerned orders made by Benjamin J in the Federal Circuit and Family Court of Australia. The proceedings involved a dispute between a husband and wife regarding the division of their assets and liabilities.

The court was required to determine the appropriate orders for the discharge of existing orders, the payment of spousal maintenance, the distribution of significant sums of money, the division of superannuation interests, and the transfer of company shares and trust interests. The court also had to consider the liabilities associated with a company and a unit trust, and the respective responsibilities of the parties in relation to these entities.

Benjamin J ordered the discharge of all existing orders, except for the husband's obligation to pay spousal maintenance, which was to be discharged in sixty days. The husband was ordered to pay the wife a sum of $132,586.37 with interest, and a further sum of $164,500 within three months. Both parties were ordered to pay substantial sums to the Pilot Superannuation Fund, with provisions for the transfer of real property or for one party to cover the other's liability. The court also made detailed orders concerning the transfer of the husband's interests in DE Pty Limited and the DE Unit Trust to the wife, including the assumption of liabilities by the wife. Furthermore, the court made orders binding on the trustees of the Pilot Superannuation Fund regarding the distribution of splittable payments.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Fiduciary Duty

  • Constructive Trust

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

MRR v GR [2010] HCA 4