Ryland & Ryland & Anor
Case
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[2018] FamCA 134
•7 March 2018
Details
AGLC
Case
Decision Date
Ryland & Ryland [2018] FamCA 134
[2018] FamCA 134
7 March 2018
CaseChat Overview and Summary
In the matter of Ryland & Ryland & Anor, Berman J of the Family Court of Australia made orders in full and final settlement of property settlement claims between the parties pursuant to the *Family Law Act 1975* (Cth). The dispute concerned the division of the parties' assets and liabilities.
The court was required to determine the appropriate allocation of property between the husband and wife. This included the division of real estate, motor vehicles, bank accounts, personalty, and superannuation entitlements. The orders also addressed the method of payment for the settlement sum and the consequences of default.
Berman J ordered that the husband pay a sum of $86,504 to the wife within sixty days, with specific allocations to an account for the wife and a judgment debt in favour of K Lawyers. The husband was to retain certain assets, including property at D Street, Suburb E, motor vehicles, and his bank accounts and other personalty. The wife was to retain her bank accounts and personalty, as well as her superannuation entitlements with Super SA and Sun Super. Crucially, the court also allocated a base amount of $280,031 from the husband's interest in the L Superannuation Fund to the wife, with specific provisions for payment upon splittable payments being made by the fund's trustee, binding the trustee and the husband's estate. In the event of the husband's default in payment, the property at D Street was to be listed for sale, with outstanding settlement sums and interest to be paid to the wife from the net proceeds.
The court was required to determine the appropriate allocation of property between the husband and wife. This included the division of real estate, motor vehicles, bank accounts, personalty, and superannuation entitlements. The orders also addressed the method of payment for the settlement sum and the consequences of default.
Berman J ordered that the husband pay a sum of $86,504 to the wife within sixty days, with specific allocations to an account for the wife and a judgment debt in favour of K Lawyers. The husband was to retain certain assets, including property at D Street, Suburb E, motor vehicles, and his bank accounts and other personalty. The wife was to retain her bank accounts and personalty, as well as her superannuation entitlements with Super SA and Sun Super. Crucially, the court also allocated a base amount of $280,031 from the husband's interest in the L Superannuation Fund to the wife, with specific provisions for payment upon splittable payments being made by the fund's trustee, binding the trustee and the husband's estate. In the event of the husband's default in payment, the property at D Street was to be listed for sale, with outstanding settlement sums and interest to be paid to the wife from the net proceeds.
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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Remedies
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Jurisdiction
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Costs
Actions
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Citations
Ryland & Ryland [2018] FamCA 134
Most Recent Citation
Deng & Galinski [2021] FCCA 843
Cases Cited
6
Statutory Material Cited
11
Singer v Berghouse
[1994] HCA 40
Singer v Berghouse
[1994] HCA 40
Jackson v Richards
[2005] NSWSC 630