FAMILY COURT OF AUSTRALIA
| SORRENSEN & SORRENSEN | [2015] FamCA 334 |
| FAMILY LAW – PROPERTY – Final – Where the parties agree that equal division of their property interests would be a just and equitable outcome – where the parties are unable to reach an agreement as to how their property interests should be adjusted to give effect to an equal division – where the wife does not wish to retain one of the properties in dispute – where the husband does not wish to retain that property unless it is retained equally by the husband and wife – where it is just and equitable to order that the property be held by the husband. |
| Family Law Act 1975 (Cth) Superannuation Industry (Supervision) Regulations 1994 (Cth) |
| Buckley & Buckley [2012] FamCAFC 220 |
| APPLICANT: | Ms Sorrensen |
| RESPONDENT: | Mr Sorrensen |
| FILE NUMBER: | BRC | 8601 | of | 2012 |
| DATE DELIVERED: | 8 May 2015 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Forrest J |
| HEARING DATE: | 27 April 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Kirk QC |
| SOLICITOR FOR THE APPLICANT: | MacDonnells Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Jordan |
| SOLICITOR FOR THE RESPONDENT: | Woods Prince Lawyers |
Orders
Definitions
That for the purpose of these Orders the following definitions shall apply:
1.1‘the C Town Property’ means all of the rural property situated at B Street, C Town, Queensland, and more particularly described as Lot … on CP …, County of D, Parish of C Town, Title Reference ....
1.2‘the F Town Property’ means all of the property situated at E Street, F Town, Queensland, and more particularly described as Lot 5 on CP …, County of G, Parish of H, Title Reference ...
1.3‘the K Property’ means all of the property situated at I Street, Suburb J, Island K, Queensland, and more particularly described as Lot … on CP …, County of L, Parish of K, Title Reference ....
1.4‘the Suburb N Property’ means the property situated at M Street, Suburb N, and more particularly described as Lot 7 on SP 200798 County of L, Parish of O, Title Reference 50678938.
1.5‘the Sorrensen Property Fund’ means the Discretionary Trust established by Deed dated 29 June 1989 between Mr P as settler and Q Pty Ltd as Trustee, with the Trustee being subsequently varied to R Pty Ltd.
1.6‘the Trustee’ means R Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.7‘the Sorrensen Superannuation Fund’ means the self-managed superannuation fund established by Deed dated 15 February 1999, and varied by Indenture dated 26 September 2005, with the Trustee being Sorrensen Super Pty Ltd, and the members being the Applicant Wife and the Respondent Husband.
1.8‘the Superannuation Trustee’ means Sorrensen Super Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.9‘S’ means the company S Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.10‘the Parties’ means…
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- AGLC
- SORRENSEN & SORRENSEN [2015] FamCA 334
- Case
- [2015] FamCA 334
- Decision Date
CaseChat Overview and Summary
The court was required to determine how various assets and liabilities, including real estate, company shares, superannuation entitlements, and financial accounts, were to be divided between the Applicant Wife and the Respondent Husband. This involved making orders for the transfer of property, the allocation of debts, and the resolution of claims to various entities and financial holdings. The court also had to address the interim arrangements for the use and occupation of certain properties pending their final transfer.
Forrest J made comprehensive orders for the division of the parties' property. These orders included the transfer of the F Town Property to the Applicant Wife and the K Property to the Respondent Husband, with specific timelines and conditions for each transfer. The Respondent Husband was to retain the C Town Property and the Suburb N Property, while the Applicant Wife was to resign as a director of R Pty Ltd and transfer her shares to the Respondent Husband. The court also ordered a division of various shareholdings and financial institution accounts, with each party retaining certain assets and assuming sole liability for associated debts. A significant order concerned the Sorrensen Superannuation Fund, where the Applicant Wife was entitled to a base amount from the Respondent Husband's interest. Each party was ordered to bear their own costs of the proceedings.
Orders
Orders of the court
Definitions
1.
That for the purpose of these Orders the following definitions shall apply:
1.1 ‘the C Town Property’ means all of the rural property situated at B Street, C Town, Queensland, and more particularly described as Lot … on CP …, County of D, Parish of C Town, Title Reference ....
1.2 ‘the F Town Property’ means all of the property situated at E Street, F Town, Queensland, and more particularly described as Lot 5 on CP …, County of G, Parish of H, Title Reference ...
1.3 ‘the K Property’ means all of the property situated at I Street, Suburb J, Island K, Queensland, and more particularly described as Lot … on CP …, County of L, Parish of K, Title Reference ....
1.4 ‘the Suburb N Property’ means the property situated at M Street, Suburb N, and more particularly described as Lot 7 on SP 200798 County of L, Parish of O, Title Reference 50678938.
1.5 ‘the Sorrensen Property Fund’ means the Discretionary Trust established by Deed dated 29 June 1989 between Mr P as settler and Q Pty Ltd as Trustee, with the Trustee being subsequently varied to R Pty Ltd.
1.6 ‘the Trustee’ means R Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.7 ‘the Sorrensen Superannuation Fund’ means the self-managed superannuation fund established by Deed dated 15 February 1999, and varied by Indenture dated 26 September 2005, with the Trustee being Sorrensen Super Pty Ltd, and the members being the Applicant Wife and the Respondent Husband.
1.8 ‘the Superannuation Trustee’ means Sorrensen Super Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.9 ‘S’ means the company S Pty Ltd, the Directors of which are the Applicant Wife and the Respondent Husband.
1.10 ‘the Parties’ means the Applicant Wife and the Respondent Husband.
1.11 ‘the Entities’ means all companies and trusts in which the Applicant Wife and Respondent Husband has an interest.
IT IS ORDERED
Transfer of F Town Property
2.
That within 45 days of the date of these Orders the Respondent Husband (“the Transferor”) shall transfer to the Applicant Wife (“the Transferee”) all of his right, title and interest in and to the F Town Property and for that purpose the following shall apply:
2.1 The transfer documentation shall be prepared by the Transferee’s solicitor and delivered to the Transferor for signature;
2.2 The transfer documentation must be signed by the Transferor no later than 14 days prior to the settlement date;
2.3 If the Transferee requires the return of the transfer for stamping purposes then:
2.3.1 The Transferee’s solicitor will advise the Transferor of this requirement at the time the transfer documentation is delivered;
2.3.2 Subject to the Transferee’s solicitor giving an undertaking to use the transfer for stamping purposes only but to otherwise hold the transfer in escrow pending settlement, the Transferor must sign and deliver the transfer to the Transferee’s solicitor no later than 14 days prior to the settlement date.
2.4 On or before the settlement date, the Transferor must:
2.4.1 Hand to the Transferee’s solicitor all such documents as are necessary to transfer and assign all of the Transferor’s right, title and interest in the building insurance policy to the Transferee;
2.4.2 Hand to the Transferee’s solicitor all transfer documents duly signed;
2.4.3 Hand to the Transferee or the Transferee’s solicitor all keys, codes or devices in the possession or control of the transferor for all locks, gates, doors and security systems on the property;
2.4.4 Hand to the Transferee’s solicitor any pool safety certificate for the property and any costs associated with obtaining the pool certificate shall be paid for equally by the husband and wife;
2.4.5 Provide the Transferee with vacant possession;
2.4.6 Do all such acts and things and sign all documents necessary to give effect to the said transfer.
Interim use of the F Town Property
3.
That pending the transfer of the F Town property pursuant to these Orders:
3.1 Both parties are restrained by injunction from encumbering the property without the prior written consent of the other;
3.2 Both parties are restrained by injunction from giving any notice or seeking or consenting to any order that affects the F Town property;
3.3 Both parties are restrained by injunction from making any agreement affecting the F Town property which binds the Transferee to perform;
3.4 Any notice, proceeding or other Order that affects the F Town Property or requires work on the F Town Property which is received by the Respondent Husband must be given to the other party within 7 days of receipt;
3.5 Each party will cause to be repaired, at their own expense, any damage to the F Town Property caused by them or persons attending or occupying the property with their knowledge, consent or invitation;
3.6 The Applicant Wife will maintain at her expense the building insurance for the F Town Property at a replacement value of no less than $600,000 and provide to the Respondent Husband a certificate of currency evidencing same within 48 hours of its receipt;
3.7 The Applicant Wife is responsible for the day to day maintenance and care of the F Town Property;
3.8 The Applicant Wife is solely liable for and indemnifies the Respondent Husband against all outgoings in and about the F Town Property.
Sole use and occupation of F Town Property
4.
That pending the transfer of the F Town Property pursuant to these Orders:
4.1 The Applicant Wife has sole right to use and occupy the F Town Property to the exclusion of the Respondent Husband;
4.2 The Respondent Husband is not to enter or access the F Town Property;
4.3 The Applicant Wife is responsible for the day to day maintenance and care of the F Town Property.
Transfer of K Property
5.
That within 45 days of the date of these Orders, the Applicant Wife (“the Transferor”) shall transfer to the Respondent Husband or his nominee (“the Transferee”) all of her right, title and interest in the K Property and for that purpose the following shall apply:
5.1 The transfer documentation shall be prepared by the Transferee’s solicitor and delivered to the Transferor’s solicitor for signature;
5.2 The transfer documentation must be signed by the Transferor no later than 14 days prior to the settlement date;
5.3 If the Transferee requires the return of the transfer for stamping purposes then:
5.3.1 The Transferee’s solicitor will advise the Transferor of this requirement at the time the transfer documentation is delivered;
5.3.2 Subject to the Transferee’s solicitor giving an undertaking to use the transfer for stamping purposes only but to otherwise hold the transfer in escrow pending settlement, the Transferor must sign and deliver the transfer to the Transferee’s solicitor no later than 14 days prior to the settlement date.
5.4 On or before the settlement date, the Transferor must:
5.4.1 Hand to the Transferee’s solicitor all such documents as are necessary to transfer and assign all of the Transferor’s right, title and interest in the building insurance policy to the Transferee;
5.4.2 Hand to the Transferee’s solicitor all transfer documents duly signed;
5.4.3 Hand to the Transferee’s solicitor all keys, codes or devices in the possession or control of the Transferor for all locks, gates, doors and security systems on the property;
5.4.4 Provide the Transferee with vacant possession;
5.4.5 Do all such acts and things and sign all documents necessary to give effect to the said transfer.
Interim use of the K Property
6.
That pending the transfer of the K Property pursuant to these Orders:
6.1 Both parties are restrained by injunction from encumbering the K Property without the prior written consent of the other;
6.2 Both parties are restrained by injunction from giving any notice or seeking or consenting to any Order that affects the K Property;
6.3 Both parties are restrained by injunction from making any agreement affecting the K Property which binds the Transferee to perform;
6.4 Any notice, proceeding or other Order that affects the property or requires work on the property which is received by the Applicant Wife must be given to the other party within 7 days of receipt;
6.5 Each party will cause to be repaired, at their own expense, any damage to the K Property caused by them or persons attending or occupying the property with their knowledge, consent or invitation;
6.6 The Respondent Husband is directed to maintain, at his expense, building insurance for the K Property at a replacement value of no less than $500,000 and provide to the Applicant Wife a certificate of currency evidencing same within 48 hours of its receipt.
Sole use and occupation of K Property
7.
That pending the transfer of the K Property pursuant to these Orders:
7.1 The Respondent Husband has the sole right to use and occupy the K Property to the exclusion of the Applicant Wife;
7.2 The Respondent Husband is responsible for the day to day maintenance and care of the K Property;
7.3 The Respondent Husband is solely liable for and indemnifies the Applicant Wife against all outgoings in and about the K Property.
The C Town Property and the Sorrensen Property Fund
8.
That within 45 days of the date of these Orders, the Applicant Wife shall take all steps necessary, including by signing any documents required, to resign as a director of R Pty Ltd and to transfer her share/s in that company to the Respondent Husband or his nominee and for that purpose the following shall apply:
8.1 The resignation and transfer documentation shall be prepared by the Applicant Wife’s solicitor after consultation with the Respondent Husband’s solicitor and provided, where necessary for signature, to the Respondent Husband’s solicitor who shall return completed documents to the Applicant Wife’s solicitor within 14 days of having received them;
8.2 All necessary steps required to formally notify the Australian Securities and Investments Commission of the resignation and transfer shall be attended to by the Applicant Wife’s solicitor who shall notify the Respondent Husband’s solicitor in writing when completed;
8.3 The Respondent Husband shall ensure that the Applicant Wife’s personal possessions located at the C Town property are delivered at the direction and expense of the Applicant Wife within 45 days of these Orders;
8.4 The Applicant Wife shall within 45 days of these Orders deliver to the Respondent Husband’s solicitors all such documents as are necessary to transfer and assign all of the Applicant Wife’s rights, title and interest in any relevant building insurance policy to the Respondent Husband or his nominee;
8.5 The Applicant Wife shall within 45 days of these Orders deliver to the Respondent Husband’s solicitor all keys, codes or devices in her possession or control for all locks, gates, doors and security systems on the C Town property;
8.6 The Applicant Wife will assign to the Respondent Husband any loan account standing to her credit and provide a full release and discharge from and against any claim, right, entitlement or interest in any such loan account in the Sorrensen Property Fund; and
8.7 The Applicant Wife will renounce and forego any power, right, interest or entitlement (legal and beneficial) in or to the Sorrensen Property Fund and do all other acts and things necessary to give effect to these Orders.
Sole use and occupation of the C Town Property
9.
That pending the resignation of the Applicant Wife as a director of R Pty Ltd and the transfer of her share/s in that company to the Respondent Husband or his nominee pursuant to these Orders:
9.1 The Respondent Husband has the sole right to use and occupy the C Town Property to the exclusion of the Applicant Wife;
9.2 The Respondent Husband is responsible for the day to day maintenance and care of the C Town Property;
9.3 The Respondent Husband is solely liable for and indemnifies the Applicant Wife against all outgoings in and about the C Town Property.
Farm Equipment and Machinery on C Town Property
10.
The Respondent Husband retains, and the Applicant Wife hereby relinquishes any claim to, the equipment and machinery currently on the C Town Property.
The Suburb N Property
11.
The Respondent Husband retains, and the Applicant Wife hereby relinquishes any claim to, the Suburb N Property currently registered in the Respondent Husband’s sole name.
12.
The Respondent Husband is solely responsible for, and indemnifies the Applicant Wife in relation to all outgoings and mortgage repayments with respect to the Suburb N Property.
Taxation and Capital Gains Taxation Liability
13.
Each party is to bear any taxation liability in their sole name.
Shares in Public Companies
14.
The Respondent Husband retains all of his shares held with T Limited in his sole name and the Applicant Wife relinquishes any claim to those shares.
15.
The Applicant Wife retains, and the Respondent Husband relinquishes any claim to, the following shares currently held by the Wife in her sole name:
15.1 CBA Shares;
15.2 Suncorp Group Limited Shares;
15.3 Telstra Corporation Limited Shares;
15.4 Woolworths Limited Shares; and
15.5 Woolworths Limited (Notes II) Shares.
16.
That within 30 days of the date of these Orders, the Respondent Husband will do all things and sign all necessary documents to cause the following shareholdings, currently held in the joint names of the parties, to be transferred into the Applicant Wife’s sole name:
16.1 U Pty Ltd Shares;
16.2 National Australia Bank Shares;
16.3 ANZ Bank Shares;
16.4 QBE Insurance Group Limited Shares;
16.5 CBA Shares;
16.6 T Limited Shares;
16.7 Tabcorp Holdings Limited Shares; and
16.8 Westpac Banking Corporation Shares.
Thereafter the Respondent Husband shall relinquish any claim to the abovementioned shares.
17.
That pending the transfers detailed in paragraphs 14, 15 and 16 hereof each of the Applicant Wife and Respondent Husband is hereby restrained from:
17.1 Selling, transferring or realising any of the shares;
17.2 Encumbering any of the shares;
17.3 Receiving any monies from the sale of, or borrowing against any of the shares.
Financial Institution Accounts
18.
That the Respondent Husband, to the exclusion of the Applicant Wife, receive the funds in the following bank accounts:
18.1 NAB Account …;
18.2 NAB Account …;
18.3 Funds held in any other bank account in his sole name.
19.
The Applicant Wife is restrained from transacting on the accounts set out in paragraph 18 and the Applicant Wife and the Respondent Husband will do all things necessary to facilitate these Orders, including but not limited to, transferring the funds in the said accounts to the Respondent Husband and either closing the said account or removing the Applicant Wife’s access to the said account.
20.
That the Applicant Wife, to the exclusion of the Respondent Husband, receive the funds in the following bank accounts:
20.1 NAB ISaver Account …;
20.2 NAB Term Deposit …;
20.3 NAB Bank Account …;
20.4 NAB Bank Account …;
20.5 NAB Bank Account …; and
20.6 Funds held in any other bank account in her sole name.
21.
The Respondent Husband is restrained from transacting on the accounts set out in paragraph 20, and the Applicant Wife and the Respondent Husband will do all things necessary to facilitate these Orders, including but not limited to, transferring the funds in the said accounts to the Applicant Wife and either closing the said account or removing the Respondent Husband’s access to the said account.
Liability for debts
22.
That otherwise as provided for in these Orders, the Applicant Wife and the Respondent Husband will each remain solely liable for and indemnify the other for any and all credit card debt or liability held in their own respective names.
Assets and Liabilities to be retained by the Applicant Wife
23.
That the Applicant Wife retains as her absolute property and the Respondent Husband relinquishes all claim to the following:
23.1 Otherwise than provided for in these Orders, the furniture and contents in her possession;
23.2 Her personal possessions from the C Town property to be delivered to her at her direction by the Respondent Husband;
23.3 The jewellery in her possession;
23.4 The 4WD 1Registration number … registered in her sole name;
23.5 All shares and investments held in her sole name save as otherwise provided in these Orders;
23.6 Her entitlement in the Sorrensen Superannuation Fund;
23.7 Otherwise than provided for in these Orders, all other proprietary interests in the Applicant Wife’s current possession or control.
24.
That the Applicant Wife retains sole liability for, and indemnifies the Respondent Husband, with respect to:
24.1 Any taxation liability for which she is assessed;
24.2 Otherwise than provided for in these Orders, any loan, lease or credit card liability held or registered in her sole name.
Assets and Liabilities to be retained by the Respondent Husband
25.
That the Respondent Husband retains as his absolute property and the Applicant Wife relinquishes any claim to the following:
25.1 Otherwise than provided for in these Orders, the furniture and contents in his possession;
25.2 The 4WD 2 Registration No. … registered in his sole name;
25.3 The boat;
25.4 The 4WD 3 Registration …;
25.5 The 4WD 4 Registration …;
25.6 His right, title and interest in the property situated at M Street, Suburb N;
25.7 His right, title and interest in the V Trust (W Pty Ltd as Trustee);
25.8 All of his interest in and to his shareholdings in S Pty Ltd save as otherwise provided in these Orders;
25.9 All shares and investments held in his sole name save as otherwise provided in these Orders; and
25.10 Otherwise than provided in these Orders, all other proprietary interests in his current possession or control.
26.
That the Respondent Husband retains sole liability for and indemnifies the Applicant Wife with respect to:
26.1 Any loan held with respect to the Suburb N Property;
26.2 Any and all outgoings in relation to the Suburb N Property;
26.3 Any taxation liability for which he is assessed;
26.4 Any other loan, lease or credit card liability held or registered in his sole name.
S Pty Ltd
27.
That S Pty Ltd retains, and the Applicant Wife relinquishes any claim to, all of the following shareholdings currently held by that company:
27.1 AP Eagers Ltd shares;
27.2 BHP Billiton Ltd shares;
27.3 Coca Cola shares;
27.4 Monadelphous Group Ltd shares;
27.5 Newcrest Mining shares;
27.6 Rio Tinto Ltd shares;
27.7 Santos Limited shares;
27.8 Wide Bay Building Society shares;
27.9 Woodside Petroleum shares.
28.
That within 30 days of the date of these Orders, the Applicant Wife shall do all such acts and things and sign all documents, as may be required to resign as secretary of S Pty Ltd and her solicitors shall take all necessary steps required to formally notify the Australian Securities and Investments Commission of the resignation and they shall notify the Respondent Husband’s solicitor in writing when that is completed.
Sorrensen Superannuation Fund
29.
That in accordance with paragraph 90MT(1)(a) of the Family Law Act 1975 (Cth):
29.1 The Applicant Wife is entitled to be paid a base amount of $1,259,093.40, out of the Respondent Husband’s interest in the Sorrensen Superannuation Fund; and
29.2 The Respondent’s Husband’s entitlement (or the entitlement of such other person to whom a splittable payment may be made out of the Husband’s interest) in the Sorrensen Superannuation Fund is correspondingly reduced.
30.
That the Respondent Husband and Applicant Wife in their capacity as Directors of the Trustee of the Sorrensen Superannuation Fund shall do all such acts and things and sign all such documents as may be necessary to:
30.1 Calculate, in accordance with the requirements of the Family Law Act 1975 (Cth) and the Family Law (Superannuation) Regulations 2001 (Cth) the entitlement created for the Applicant Wife by paragraph 29 of these Orders;
30.2 Pay the respective entitlements whenever the Trustee makes a splittable payment out of the Respondent Husband’s interest in the Sorrensen Superannuation Fund.
31.
That paragraph 29 have effect from the operative time and the operative time is the date of transfer of the transferable benefits as defined in r 1.03(1) of the Superannuation Industry (Supervision) Regulations 1994 (Cth).
32.
That, after service on the Trustee, Sorrensen Super Pty Ltd, of the payment split notice pursuant to r 7A.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) the Applicant Wife shall do all such acts and things and sign all such documents as may be necessary, including but not limited to:
32.1 Making a request pursuant to r 7A.06 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) for the transfer of the transferable benefits from the Sorrensen Superannuation Fund to a regulated fund of the Applicant Wife’s choosing (“the Wife’s New Super Fund”);
32.2 Making a request to transfer the whole of the remainder of the member benefit in accordance with the governing rules of the Sorrensen Superannuation fund.
33.
That following the receipt by the superannuation Trustee, Sorrensen Super Pty Ltd, of the election made by the Applicant Wife as contemplated by paragraph 32 of these Orders, the Respondent Husband and Applicant Wife in their capacities as Directors of the superannuation Trustee, Sorrensen Super Pty Ltd, shall cause a meeting to be held in accordance with the Rules of the Sorrensen Superannuation Fund and in that meeting shall:
33.1 Authorise the transfer of the transferable benefits on behalf of the Applicant Wife to the Trustees of the Wife’s New Super Fund;
33.2 Authorise the transfer of the whole of the remainder of the Applicant Wife’s benefit to the Trustees of the Wife’s New Super Fund.
34.
Before the close of the meeting of Trustees as contemplated by paragraph 33 of these Orders, the Applicant Wife shall do all such acts and things and sign all such documents as may be necessary to:
34.1 Resign as Director of the superannuation Trustee, Sorrensen Super Pty Ltd; and
34.2 Resign her membership in the Sorrensen Superannuation Fund.
35.
Pending the transfer of the transferable benefits from the Respondent Husband to the Applicant Wife:
35.1 The Respondent Husband and the Applicant Wife are restrained from dealing with, charging, encumbering or disposing of any of the assets of the Sorrensen Superannuation Fund other than in accordance with the terms of these Orders or with the written consent of the other party; and
35.2 Each party shall immediately revoke any binding death benefit nomination already made and each party be and is hereby restrained from:
35.2.1 Making any other nomination where the effect of such nomination would be to render any splittable payment not splittable; and
35.2.2 Doing any such act or thing which would defeat, extinguish or reduce the entitlement of either party under this Order.
NOTATIONS:
A. The value of the transferable benefits to be transferred from the Respondent Husband’s interest in the Sorrensen Superannuation Fund to the Applicant Wife’s interest in the Applicant Wife’s new super fund are calculated in accordance with r 7A.12 of the Superannuation Industry (Supervision) Regulations 1994 (Cth).
B. Pursuant to r 14F of the Family Law (Superannuation) Regulations 2001 (Cth), any payments from the interest of either party in the Sorrensen Superannuation Fund made after the trustees have transferred the transferable benefits from the Respondent Husband to the Applicant Wife are not splittable payments.
IT IS FURTHER ORDERED
Personal Items
36.
That within 45 days of the date of these Orders, the Applicant Wife shall deliver to the Respondent Husband at his direction and expense his personal possessions located at the F Town property.
37.
That within 7 days of the date of his receipt of his items of personal property from the F Town property, the Respondent Husband shall return to the Applicant Wife, all photos, photo albums and the box of cards relating to the passing of the parties’ son X.
Indemnity
38.
That the Respondent Husband indemnify the Applicant Wife and keep her indemnified in relation to any and all obligations or liabilities (including Taxation liability) arising out of the Wife’s interest or involvement in R Pty Ltd, the Sorrensen Property Fund, S Pty Ltd, the V Trust, or otherwise as a consequence of her obligations in these Orders, including, but not limited to, any capital gains tax liability incurred as a consequence of a transfer of the parties’ interests in the K Property to a third party.
Time frames generally
39.
Unless otherwise stated, the time for all payments and transfers pursuant to these Orders is 45 days from the date thereof.
Registrar to sign in default
40.
That the parties execute all deeds or instruments and do all acts and things necessary to give validity and operation to the deed or instrument as may be required to give effect to these Orders.
41.
That if either party refuses, fails or neglects to execute any document necessary to put these Orders into effect 14 days after being requested to do so, and any such refusal, failure or neglect is proved by Affidavits filed and served by or on behalf of the party alleging this, the Registrar of the Family Court at Brisbane be and is hereby appointed pursuant to Section 106A of the Family Law Act 1975 (Cth) to execute such document in the name of such party.
Preparation of documents and duty
42.
That save as otherwise provided herein the transferee spouse or the spouse receiving the benefit of any transaction pursuant to these Orders prepare the documentation necessary to give effect to the provision of these Orders at their cost and further be responsible for the payment of registration fees and any other fees in relation to the transfer of property into their name.
43.
That any duty payable on any transaction arising out of these orders be paid by the transferee spouse or the spouse receiving the benefit of such transfer or transaction.
Costs
44.
That all previous orders reserving determination of costs issues be discharged.
45.
That each party bear their own costs of and incidental to these proceedings.
Undertakings
46.
That the Applicant Wife is discharged from her undertaking given 24 January 2013.
47.
That the Respondent Husband is discharged from his undertaking given 24 January 2013.
48.
That the Respondent Husband is discharged from his undertaking given 6 March 2013.
49.
That the Respondent Husband is discharged from his undertaking given 27 April 2015.
50.
That paragraph 3 of the Orders made by Justice Forrest on 27 April 2015 is discharged.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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