Skipper and Slevin
Case
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[2017] FCCA 120
•30 March 2017
Details
AGLC
Case
Decision Date
Skipper and Slevin [2017] FCCA 120
[2017] FCCA 120
30 March 2017
CaseChat Overview and Summary
This matter concerned an application by Mr Skipper (the Applicant) and Ms Slevin (the Respondent) for final orders in relation to property settlement. The dispute involved the division of net proceeds from the sale of a property and the splitting of superannuation entitlements.
The Court was required to determine the appropriate division of the net proceeds from the sale of Property A, and to make orders regarding the splitting of Ms Slevin's superannuation interests in accordance with Part 6 of the Family Law Superannuation Regulation 2001. The Court also needed to consider the procedural fairness afforded to the trustee of Ms Slevin's superannuation fund in relation to the proposed splitting order.
The Court ordered that the net proceeds of the sale of Property A be divided between the parties, with a specific amount to the Applicant and a lesser amount to the Respondent, and the remaining balance to be split 60% to the Applicant and 40% to the Respondent. A further sum was to be paid by the Respondent to the Applicant from her share. The Court also made orders for a superannuation splitting payment to the Applicant from the Respondent's superannuation interest, subject to procedural fairness being afforded to the trustee. This superannuation splitting order was stayed pending confirmation from the superannuation trustee that procedural fairness had been provided and that they did not object. The Court noted that procedural fairness had not yet been afforded to the trustee and that it would consider lifting the stay upon receipt of confirmation. All other extant applications were dismissed.
The Court was required to determine the appropriate division of the net proceeds from the sale of Property A, and to make orders regarding the splitting of Ms Slevin's superannuation interests in accordance with Part 6 of the Family Law Superannuation Regulation 2001. The Court also needed to consider the procedural fairness afforded to the trustee of Ms Slevin's superannuation fund in relation to the proposed splitting order.
The Court ordered that the net proceeds of the sale of Property A be divided between the parties, with a specific amount to the Applicant and a lesser amount to the Respondent, and the remaining balance to be split 60% to the Applicant and 40% to the Respondent. A further sum was to be paid by the Respondent to the Applicant from her share. The Court also made orders for a superannuation splitting payment to the Applicant from the Respondent's superannuation interest, subject to procedural fairness being afforded to the trustee. This superannuation splitting order was stayed pending confirmation from the superannuation trustee that procedural fairness had been provided and that they did not object. The Court noted that procedural fairness had not yet been afforded to the trustee and that it would consider lifting the stay upon receipt of confirmation. All other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Costs
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Stay of Proceedings
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Remedies
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Jurisdiction
Actions
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Citations
Skipper and Slevin [2017] FCCA 120
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
2
Stanford v Stanford
[2012] HCA 52
Hickey & Hickey
[2003] FamCA 395
Bevan & Bevan
[2013] FamCAFC 116