Richard and Richard

Case

[2018] FCCA 55

17 January 2018


Details
AGLC Case Decision Date
Richard and Richard [2018] FCCA 55 [2018] FCCA 55 17 January 2018

CaseChat Overview and Summary

This matter concerned an application for final property orders between Mr Richard (the Husband) and Ms Richard (the Wife), heard by Judge Baker. The dispute involved the division of the parties' assets and liabilities following their separation, including the former matrimonial home, bank accounts, personal property, and superannuation interests.

The court was required to determine how the parties' property and financial resources should be divided and to make orders to give effect to that division. Specifically, the court needed to address the transfer of the former matrimonial home, the distribution of funds from a joint bank account, the allocation of various personal assets and debts, and the division of the Husband's superannuation interest.

Judge Baker made orders for the transfer of the former matrimonial home to the Wife and the distribution of funds from a joint bank account. The parties were to relinquish claims to certain personal property and motor vehicles in the other's possession, with each party to be solely liable for liabilities encumbering property they received and for their respective debts. Crucially, the court ordered that a base amount of $37,950.00 be allocated to the Wife from the Husband's superannuation interest, with the trustee of the superannuation fund to pay this amount to the Wife upon splittable payments being made to the Husband.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Singer v Berghouse [1994] HCA 40
Vass & Vass [2015] FamCAFC 51
Polonius & York [2010] FamCAFC 228