Rickard and Griffin
Case
•
[2010] FamCA 1199
•24 DECEMBER 2010
Details
AGLC
Case
Decision Date
Rickard and Griffin [2010] FamCA 1199
[2010] FamCA 1199
24 DECEMBER 2010
CaseChat Overview and Summary
This matter concerned an application before Justice Cronin concerning the division of superannuation interests and other funds between a husband and wife. The dispute involved the entitlement of the wife to a portion of the husband's superannuation and the division of funds held in trust by Moores Legal.
The court was required to determine the specific entitlements of each party to the husband's superannuation interest, including the method of calculation and the operative time for such division. Additionally, the court needed to determine the proportions in which funds held in trust by Moores Legal were to be divided between the husband and wife, and the operative date for this division. The court also addressed the procedure for any applications relating to costs.
Justice Cronin ordered that whenever a splittable payment became payable in respect of the husband's superannuation interest, the wife was entitled to a calculated amount based on a specified sum, with a corresponding reduction in the husband's entitlement. This order was to bind the superannuation trustee. The operative time for this superannuation division was set at four business days after service of the sealed order on the trustee. Furthermore, the court ordered that funds held in trust by Moores Legal were to be divided, with 70% to the wife and 30% to the husband, this division to become operative on a specific date. The court also established a process for written submissions regarding costs, with specific deadlines for initial submissions and replies, and reserved the determination of costs to chambers. Upon the operative date of the fund division, Moores Legal was to pay the husband's entitlement by cheque. All other extant applications, save for costs, were dismissed.
The court was required to determine the specific entitlements of each party to the husband's superannuation interest, including the method of calculation and the operative time for such division. Additionally, the court needed to determine the proportions in which funds held in trust by Moores Legal were to be divided between the husband and wife, and the operative date for this division. The court also addressed the procedure for any applications relating to costs.
Justice Cronin ordered that whenever a splittable payment became payable in respect of the husband's superannuation interest, the wife was entitled to a calculated amount based on a specified sum, with a corresponding reduction in the husband's entitlement. This order was to bind the superannuation trustee. The operative time for this superannuation division was set at four business days after service of the sealed order on the trustee. Furthermore, the court ordered that funds held in trust by Moores Legal were to be divided, with 70% to the wife and 30% to the husband, this division to become operative on a specific date. The court also established a process for written submissions regarding costs, with specific deadlines for initial submissions and replies, and reserved the determination of costs to chambers. Upon the operative date of the fund division, Moores Legal was to pay the husband's entitlement by cheque. All other extant applications, save for costs, were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Costs
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Remedies
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Constructive Trust
Actions
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Citations
Rickard and Griffin [2010] FamCA 1199
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Norbis v Norbis
[1986] HCA 17
VAK & AK
[2005] FamCA 803
Norbis v Norbis
[1986] HCA 17