Spicer and Spicer

Case

[2018] FCCA 1013

7 May 2018


Details
AGLC Case Decision Date
Spicer and Spicer [2018] FCCA 1013 [2018] FCCA 1013 7 May 2018

CaseChat Overview and Summary

In the matter of Spicer and Spicer, heard by Judge Burchardt, the dispute concerned the division of assets between the Applicant Wife and the First Respondent Husband. The orders indicate a disagreement regarding the ownership of a vehicle and the division of superannuation interests.

The court was required to determine how to allocate the ownership of a specific vehicle and how to divide the First Respondent Husband's interest in a superannuation fund. This involved considering the application of specific provisions of the *Family Law Act 1975* (Cth) and associated regulations concerning superannuation splitting.

Judge Burchardt ordered that the ownership of the Vehicle S be transferred to the Applicant Wife, with the Applicant to bear any associated transfer costs. In relation to the First Respondent Husband's superannuation fund, the court made detailed orders for a splittable payment to the Wife. This involved allocating a base amount from the Husband's accumulation component to the Wife, with a corresponding reduction in the Husband's interest. The orders specified the operative time for this split and clarified the obligations of the parties and the Trustee of the fund to facilitate the calculation and payment of the Wife's entitlement, with liberty to apply for implementation issues.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Procedural Fairness

  • Remedies

  • Costs

  • Statutory Construction

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Stanford v Stanford [2012] HCA 52