Sheen & Sheen
Case
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[2016] FCCA 3063
•22 December 2016
Details
AGLC
Case
Decision Date
Sheen and Sheen [2016] FCCA 3063
[2016] FCCA 3063
22 December 2016
CaseChat Overview and Summary
In the matter of Sheen & Sheen, Judge Altobelli of the Family Court of Australia made orders concerning the property adjustment between the Husband and the Wife. The dispute involved the division of assets and liabilities, including real property, chattels, and superannuation interests.
The court was required to determine the appropriate property adjustment to be made between the parties. This included the valuation and division of specific assets, such as a property located in New South Wales, a collection of chattels, and interests in a superannuation fund. The court also needed to address the mechanism for the sale and distribution of proceeds from the jointly owned property, as well as the transfer of superannuation entitlements.
The court ordered the Husband to pay a sum of $229,548.95 to the Wife by way of property adjustment within three months. Should the Husband fail to comply, the property was to be sold, with detailed provisions for its listing, marketing, and sale by private treaty or public auction. The proceeds were to be distributed after sale costs, with the Wife receiving her entitlement and the balance to the Husband. The Husband was also ordered to make available 30 boxes of chattels to the Wife and was restrained from dealing with them. Furthermore, a base amount of $20,000 was allocated to the Wife from the Husband's superannuation interest, with provisions for the calculation and payment of this entitlement by the superannuation trustee. The orders also stipulated the sole ownership of various other assets and liabilities between the parties, and appointed the Registrar of the Family Court as an executing officer under section 106A of the Family Law Act 1975 should either party fail to execute necessary documents.
The court was required to determine the appropriate property adjustment to be made between the parties. This included the valuation and division of specific assets, such as a property located in New South Wales, a collection of chattels, and interests in a superannuation fund. The court also needed to address the mechanism for the sale and distribution of proceeds from the jointly owned property, as well as the transfer of superannuation entitlements.
The court ordered the Husband to pay a sum of $229,548.95 to the Wife by way of property adjustment within three months. Should the Husband fail to comply, the property was to be sold, with detailed provisions for its listing, marketing, and sale by private treaty or public auction. The proceeds were to be distributed after sale costs, with the Wife receiving her entitlement and the balance to the Husband. The Husband was also ordered to make available 30 boxes of chattels to the Wife and was restrained from dealing with them. Furthermore, a base amount of $20,000 was allocated to the Wife from the Husband's superannuation interest, with provisions for the calculation and payment of this entitlement by the superannuation trustee. The orders also stipulated the sole ownership of various other assets and liabilities between the parties, and appointed the Registrar of the Family Court as an executing officer under section 106A of the Family Law Act 1975 should either party fail to execute necessary documents.
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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Costs
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Jurisdiction
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Fiduciary Duty
Actions
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Citations
Sheen and Sheen [2016] FCCA 3063
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Bevan & Bevan
[2013] FamCAFC 116
Stanford v Stanford
[2012] HCA 52
Vass & Vass
[2015] FamCAFC 51