Scott and Kent (No.2)
Case
•
[2013] FCCA 128
•26 April 2013
Details
AGLC
Case
Decision Date
SCOTT & KENT (NO.2)
[2013] FCCA 128
[2013] FCCA 128
26 April 2013
CaseChat Overview and Summary
In the matter of *Scott and Kent (No.2)*, Judge Scarlett of the Family Court of Australia made orders concerning the division of property between the parties, Mr Kent and Ms Scott. The dispute involved the division of superannuation interests and other assets.
The court was required to determine how Mr Kent's interest in the [P] Superannuation fund should be treated and divided between the parties. The court also needed to address the transfer of a motor vehicle and the allocation of other property.
The court ordered that Ms Scott was entitled to a splittable payment from Mr Kent's interest in the [P] Superannuation fund, calculated in accordance with the Family Law (Superannuation) Regulations 2001, with a base amount of $60,000.00. This payment was to be made by the Trustee of [P] Superannuation, with a corresponding reduction in Mr Kent's entitlement. The operative time for this payment was four business days after service of the final orders on the Trustee. The court also ordered the transfer of a Toyota Corolla motor vehicle to Ms Scott within seven days, with Ms Scott indemnifying Mr Kent against any debts relating to the vehicle. Each party was otherwise solely entitled to property in their possession. The Registrar was empowered to execute documents if either party failed to do so. Provisions were also made for written submissions regarding costs.
The court was required to determine how Mr Kent's interest in the [P] Superannuation fund should be treated and divided between the parties. The court also needed to address the transfer of a motor vehicle and the allocation of other property.
The court ordered that Ms Scott was entitled to a splittable payment from Mr Kent's interest in the [P] Superannuation fund, calculated in accordance with the Family Law (Superannuation) Regulations 2001, with a base amount of $60,000.00. This payment was to be made by the Trustee of [P] Superannuation, with a corresponding reduction in Mr Kent's entitlement. The operative time for this payment was four business days after service of the final orders on the Trustee. The court also ordered the transfer of a Toyota Corolla motor vehicle to Ms Scott within seven days, with Ms Scott indemnifying Mr Kent against any debts relating to the vehicle. Each party was otherwise solely entitled to property in their possession. The Registrar was empowered to execute documents if either party failed to do so. Provisions were also made for written submissions regarding costs.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Remedies
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
SCOTT & KENT (NO.2)
[2013] FCCA 128
Most Recent Citation
SANDERS & SANDERS [2010] FMCAfam 1289
Cases Citing This Decision
9
Hoskins and Hoskins
[2017] FCCA 1125
FALCONER & BABETT
[2013] FCCA 1845
Higgins and Higgins
[2013] FCCA 549
Cases Cited
2
Statutory Material Cited
2
Hickey & Hickey
[2003] FamCA 395
Stanford v Stanford
[2012] HCA 52