PILOT & PILOT

In the matter of *PILOT & PILOT*, Benjamin J considered applications concerning the administration of the Pilot Superannuation Fund. The proceedings involved the husband and wife, who were also trustees of the Fund, and a court-appointed trustee, Mr CC. The dispute centred on the management and distribution of superannuation monies due to the parties.

The court was required to determine several legal issues, including whether to grant injunctive orders restraining the parties from taking steps concerning the Fund without the approval of Mr CC. It also considered whether to order the parties to comply with Mr CC's directions for the regularisation of the Fund's administration, including the payment of superannuation monies to the husband and wife. Further issues involved the wife's application for the removal of a caveat lodged by the husband over the former matrimonial home and her application for damages against the husband, which had been dismissed.

Benjamin J made orders by consent, which effectively placed the administration of the Pilot Superannuation Fund under the control of Mr CC. The parties were restrained from acting independently concerning the Fund and were directed to sign all necessary documents and take all required actions to ensure the Fund's administration was regularised in accordance with Mr CC's directions and existing Family Court Orders. The court also ordered that superannuation funds due to the husband be paid as per his lawful requests, and funds due to the wife be paid to her independent complying fund or accounted for accordingly. The court further ordered that the Fund be wound up no later than 30 June 2013, unless otherwise ordered, and that Mr CC facilitate the obtaining of advice regarding the regularisation of the Fund's administration at the Fund's expense. The wife's applications for damages and removal of the caveat were dismissed.