FEDERAL CIRCUIT COURT OF AUSTRALIA
| STINSON & GOLDSMITH & ANOR | [2019] FCCA 917 |
| Catchwords: FAMILY LAW – Parenting – the Husband seeks the parties’ two children live in an equal shared care arrangement on a week about basis – the Wife seeks the parties’ children live with her and spend four nights per fortnight with the Husband – both parties seek equal shared parental responsibility and a sharing of school holidays and special occasions – where the parties have continued to remain separated under the one roof and physical separation will occur once judgment has been handed down. FAMILY LAW – Property – large asset pool consisting of several properties including a number of adjoined farming properties – the Husband has received a substantial post-separation inheritance from the Estate of his late father – the Husband argues that there should be a 15% adjustment in his favour for contributions on the basis inter alia of his inheritance and the construction work conducted on the former matrimonial home by his business – the Wife argues there should be a 5% adjustment in her favour for contributions on the basis of the pre-cohabitation assets she brought into the relationship as well as her role as primary homemaker – the Wife seeks a 10% adjustment in her favour for section 75(2) factors on the basis of her ongoing role as primary carer for the children should she obtain the orders sought by her with respect to parenting matters – both parties seek to retain the former matrimonial home. HELD – the parties have equal shared parental responsibility for the children – the children to reside with the Wife and spend time with the Husband initially for four nights per fortnight in a block period with such time to increase to five nights per fortnight after 12 months – orders made for the sharing of holidays and special occasions – there be a distribution of the parties’ asset pool such that the Husband receive 57.5% of same and the Wife receive 42.5% of same on the basis of a 10% adjustment in the Husband’s favour in relation to contributions and a 2.5% adjustment in the Wife’s favour for section 75(2) factors – the Husband to retain the former matrimonial home and all adjoining farming properties. |
| Legislation: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA, 75(2), 79 |
| Cases cited: Hickey and Hickey and Attorney General for the Commonwealth of Australia [2003] FamCA 395 Dickons & Dickons [2012] FamCAFC 154 Stanford v Stanford [2012] HCA 52 Bevan and Bevan [2013] FamCAFC 116 |
| Applicant: | MR STINSON |
| First Respondent: | MS GOLDSMITH |
| Second Respondent: | MS BOWEN AND MS MORRISON |
| File Number: | BRC 397 of 2018 |
| Judgment of: | Judge Bender |
| Hearing date: | 27 August 2018 |
| Date of Last Submission: | 21 February 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 12 April 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr Jordan |
| Solicitors for the Applicant: | Phillips Family Law |
| Counsel for the First Respondent: | Mr Linklater-Steele |
| Solicitors for the First Respondent: | Hopgood Ganim… |
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- AGLC
- Stinson and Goldsmith and Anor [2019] FCCA 917
- Case
- [2019] FCCA 917
- Decision Date
CaseChat Overview and Summary
The court was required to determine the parenting arrangements for the parties' two children, specifically their residence and time spent with each parent, as well as the division of school holidays and special occasions. In relation to property, the court had to consider the parties' respective contributions, including the husband's inheritance and the wife's role as homemaker and primary carer, and make adjustments under section 75(2) of the Family Law Act 1975 (Cth) to achieve a just and equitable distribution of the asset pool.
The court ordered equal shared parental responsibility for the children, with the children to reside with the wife and spend time with the husband initially for four nights per fortnight, increasing to five nights after 12 months. Orders were also made for the sharing of holidays and special occasions. In the property division, the court ordered a distribution of 57.5% to the husband and 42.5% to the wife, reflecting a 10% adjustment in the husband's favour for contributions and a 2.5% adjustment in the wife's favour for section 75(2) factors. The husband was to retain the former matrimonial home and all adjoining farming properties.
Orders
Orders of the court
Parenting
1.
All previous parenting orders be discharged.
2.
The parents have equal shared parental responsibility for the children [X] born … 2007 (“[X]”) and [Y] born … 2010 (“[Y]”).
3.
[X] and [Y] live with the Wife.
4.
[X] and [Y] spend time with the Husband:
(a)during school term:
(i) commencing the first Thursday after the Wife vacates the former matrimonial home, from after school (or 3:30pm) Thursday until before school (or 9:00am) Monday and each alternate week thereafter for a period of 12 months; and thereafter
(ii) from after school (or 3:30pm) Wednesday until before school (or 9:00am) Monday and each alternate week thereafter;
(b) for half of each term school holiday period as agreed between the parents and failing agreement from 5:00pm on the second Saturday of the term school holidays until 5:00pm on the third Sunday of the term school holidays; and
(c) for half of the long summer vacation period in an extended block of time as agreed between the parents and failing agreement:
(i) for the first half in the 2019/2020 long summer vacation period and for each alternate year thereafter; and
(ii) for the second half in the 2020/2021 long summer vacation period and for each alternate year thereafter;
5.
[X] and [Y] spend time with their parents at special occasions as follows:
(a) at Christmas:
(i) in odd numbered years with the Wife from 10:00am on Christmas Eve until 10:00am on Christmas Day and with the Husband from 10:00am on Christmas Day;
(ii) in even numbered years with the Husband from 10:00am on Christmas Eve until 10:00am on Christmas Day and with the Wife from 10:00am on Christmas Day; and
(b) at Easter:
(i) with the Husband from 3:00pm on Maundy Thursday until 5:00pm Easter Monday in 2019 and each alternate year thereafter; and
(ii) with the Wife from 3:00pm on Maundy Thursday until 5:00pm Easter Monday in 2020 and each alternate year thereafter;
(c) on Mother’s Day and Father’s Day with the relevant parent (in the event [X] and [Y] are not otherwise in the care of the relevant parent that day) from after school (or 3:30pm) on the preceding Friday until 5:00pm on Mother’s Day/Father’s Day;
(d) on each of the parents’ birthdays with the relevant parent (in the event [X] and [Y] are not otherwise in the care of the relevant parent that day):
(i) if the birthday falls on a school day from after school (or 3:30pm) until 7:00pm; and
(ii) if the birthday falls on a non-school day from 1:00pm until 7:00pm; and
(e) on each of [X] and [Y]’s birthdays, with the parent with whom they are not otherwise in the care of pursuant to these orders:
(i) if the birthday falls on a school day from after school (or 3:30pm) until 7:00pm; and
(ii) if the birthday falls on a non-school day from 1:00pm until 7:00pm.
6.
Changeover that does not take place at school take place at the service desk of the Woolworths Town A, or such other public place as agreed to between the parents in writing.
7.
[X] and [Y] be at liberty to communicate with their parents at all times as reasonably requested by them but otherwise between 5:30pm and 6:30pm on Saturday, Monday and Wednesday each week.
8.
The parents communicate with each other in writing via email or text message about matters concerning the care of [X] and [Y] except in the event of an emergency.
9.
Each parent authorises by this order, the school and any educational and extracurricular facility attended by [X] and [Y] to provide to the parties information about the children’s educational or extracurricular progress and other related activities and supply them with copies of notices, newsletters, reports, photographs, certificates and awards obtained by the children (at the requesting parent’s cost).
10.
Each of the Husband and the Wife:
(a) attend and complete, as soon as practicable, a parenting orders program ("the POP program");
(b) sign all such documents and do all such acts and things as shall be necessary to enrol in, undertake and successfully complete the POP program;
(c) pay and otherwise be responsible for all costs associated with the POP program; and
(d) provide an appropriate certificate of completion of the program to the other parent or their solicitors.
11.
Each parent:
(a) keep the other parent informed at all times of their residential address, landline contact telephone number (if any), mobile telephone number and email address;
(b) keep the other parent informed at all times of the names and addresses of any treating medical or other health practitioner who treats [X] and/or [Y] and authorise that practitioner to provide the other parent with information that they are lawfully able to provide about the children; and
(c) inform the other parent, as soon as reasonably practicable, of any medical condition, significant health issue or illness suffered by [X] or [Y].
12.
Each parent, their servants and agents be restrained by injunction from:
(a) abusing, insulting, belittling, rebuking, or otherwise denigrating the other party and the other party’s family; and
(b) discussing these proceedings or the contents of any documents filed in or intended for use in these proceedings to, with or in the presence or hearing of [X] and/or [Y] and from permitting any other person to do so; and
(c) saying unpleasant or unkind things of or about the other or the other’s family in the presence of or hearing of [X] and/or [Y] and will not permit any other person to do so.
13.
During the time [X] and [Y] are with either parent, that parent will:
(a) respect the privacy of the other parent and not question [X] and [Y] about the personal life of the other parent; and
(b) speak of the other parent respectfully.
14.
The parents do all necessary acts and sign all necessary documents so as to cause:
(a) an updated passport to issue for each of [X] and [Y] at any time that a current passport expires or is due to expire; and
(b) passports to remain in the possession of the Wife (save for periods when the children are travelling overseas with the Husband).
15.
Both parties be permitted to travel overseas with [X] and/or [Y] and for the purpose of overseas travel, the parent seeking for the children to travel overseas shall provide to the other parent, no later than 28 days prior to the date of intended travel:
(a) copies of or confirmation of return airline tickets for the travelling child/ren;
(b) a detailed itinerary of where the travelling child/children will stay and travel to for the duration of their time in that parent’s care; and
(c) contact details for the travelling child/ren while they are away.
16.
The Wife shall retain the passports for [X] and [Y] and upon being provided with 28 days’ notice from the Husband in accordance with these orders, the Wife shall immediately release the passports to the Husband.
17.
The Husband is to return the passports to the Wife within seven days of the Husband returning from overseas travel with the [X] and [Y].
Property
Property B and Property C
18.
By 4:00pm on 12 May 2019 the Wife advise the Husband in writing whether she wishes the Husband to transfer to her all his right title and interest in the properties known as and situate at Property B in the State of NSW (“Property B”) and Property C in the State of NSW (“Property C”) or whether she seeks that Property B and Property C be sold.
19.
If pursuant to order (19) herein the Wife advises the Husband in writing that she seeks a transfer to her of Property B and Property C then:
(a) within 90 days of receipt of the written notice the Husband shall do all things necessary to transfer to the Wife all his right, title and interest in Property B and Property C (“the transfers”); and
(b) contemporaneously with the transfers the Wife do all things necessary to either discharge or refinance into her own name the mortgages on Property B and Property C.
20.
If pursuant to order (19) herein the Wife advises the Husband in writing that she wishes Property B and Property C to be sold and/or if she is unable to discharge or refinance the mortgages on Property B and Property C pursuant to order (20)(b) herein, the Husband shall do all things necessary to cause Property B and Property C to be sold (“the sale”) and upon settlement of the sale of the properties the proceeds of sale shall be distributed as follows:
(a) firstly to pay all costs, commissions and expenses of the sale;
(b) secondly to discharge the mortgages on Property B and Property C; and
(c) the balance to be paid to the Wife.
21.
Pending the transfer or the sale of Property B and Property C:
(a) the Husband have the sole right to use and occupy Property B and Property C;
(b) the Husband is solely responsible for all mortgage repayments, rates and other outgoings of Property B and Property C as they fall due;
(c) the parties hold their respective interests in Property B and Property C upon trust pursuant to these orders;
(d) each party is prohibited by injunction from further encumbering Property B and Property C without the consent in writing of the other party; and
(e) each party is prohibited from increasing the balance of the mortgage without the other party’s consent, save for the accrual of ordinary interest and ordinary bank charges.
‘Property D’
22.
By 4:00pm on 11 July 2019 the Wife shall vacate the former matrimonial home situate on the property known as ‘Property D’ and thereafter the Husband shall have sole use and occupation of the former matrimonial home.
The Partnership
Farm stock, plant and equipment
23.
By 4:00pm on 11 July 2019 the Husband and the Wife transfer and assign to the Husband all of their right title and interest in:
(a) the partnership plant and equipment;
(b) the partnership cattle; and
the Husband indemnify the Wife in relation to any liabilities arising therefrom.
24.
By 4:00pm on 11 July 2019 (“the Property E settlement date”):
(a) the parties transfer to the Husband all of the Partnership’s right, title and interest in the property known as ‘Property E’ situated at and more particularly described at Lots … in DP … (“Property E”):
(b) the Husband obtain at his sole expense a complete discharge and release of the joint Rabobank loan, and a discharge and release of the mortgage registration number … in favour of Rabobank Australia Limited (“the release”), and provide that release to the Wife or her solicitor, and that the Wife sign within seven days of such request being made, an authority and any other document required by the mortgage to facilitate the administrative process of release of the mortgage;
(c) pending the Property E transfer and the Property E discharge the Husband shall pay all mortgage payments and outgoings in respect to Property E and indemnify and keep indemnified the Wife from all liabilities arising howsoever therein.
Partnership bank accounts
25.
By 4:00pm on 12 May 2019 the Husband and the Wife:
(a) transfer and assign to the Wife the Partnership ANZ Term Deposit account ending …;
(b) transfer and assign to the Husband the Partnership ANZ account ending …;
(c) transfer and assign to the Husband the Partnership ANZ account ending …; and
(d) in the event it is not possible to transfer and assign the benefit of the said bank accounts then the Husband and the Wife do all acts and sign all documents to close the said accounts and thereafter pay the funds from the said accounts to the party entitled to those funds under orders (26)(a)-(c) of these orders.
Dissolution of Partnership
26.
Upon all of the transactions under these orders in respect of the Partnership property being perfected, the Partnership be dissolved and the Husband and the Wife do all acts and sign all documents necessary to dissolve the Partnership.
27.
All loan accounts of the parties (whether solely or jointly with others) in the books of account of the Partnership are to be disregarded and not enforced as between the Husband and the Wife and each will indemnify and keep indemnified the other in respect of any claims made against the other party in respect of the loan amounts.
50% of proceeds of sale of Property F
28.
By 4:00pm on 26 April 2019 the Husband authorise his solicitors Phillips Family Law to pay the 50% of the net proceeds of sale of Property F currently held on trust in an interest bearing account on behalf of the Husband pursuant to order (6) of the orders made 13 March 2018 to be paid to the Wife.
Proceeds of sale of Business G
29.
By 4:00pm on 26 April 2019 the Husband authorise his solicitors Phillips Family Law to pay the net proceeds of sale of Business G currently held on trust in an interest bearing account pursuant to order (4) of the orders made 13 March 2018 to be paid to the Wife.
Joint bank account
30.
By 4:00pm on 12 May 2019 the Husband and the Wife:
(a) transfer and assign to the Wife the joint ANZ bank account ending … and the Husband relinquish all right, title claim and interest to and in same; and
(b) in the event it is not possible to transfer and assign the benefit of the joint bank account then the Husband and the Wife do all acts and sign all documents to close the said account and thereafter pay the funds from the said account to the Wife.
Retention of property by the Husband and liabilities of the Husband
31.
The Husband retain:
(a) the bad debtors owing to Business G Pty Ltd;
(b) 564 Shares H held in the Husband’s name;
(c) his motor vehicles;
(d) bank accounts held in the Husband’s name;
(e) Business G ANZ Business Advantage account …;
(f) partial property settlement received pursuant to order (1)(a) of the orders made 13 March 2018; and
(g) all other property and liabilities in his name and possession not otherwise dealt with under these orders.
32.
The Husband be solely responsible for and indemnify the Wife in respect of the following liabilities:
(a) the Husband’s credit cards;
(b) liabilities of Business G including but not limited to:
(i) any taxation liability payable in respect of the sale of the business G including for the financial year ending 30 June 2018;
(ii) any taxation liability in respect of income received from remaining debtors of Business G;
(c) all actions, claims, demands and liability as a result of the Husband’s conduct and/or directions of the Husband made in respect of ‘Property E’; and
(d) all other liabilities in the name of the Husband not otherwise dealt with in these orders.
Retention of property by the Wife and liabilities of the Wife
33.
The Wife retain:
(a) the property situated at Property J in the state of New South Wales, and more particularly described as Lot … in Strata Plan …, Parish of … Title reference Folio … (“the Property J property”);
(b) the businesses ‘Business K’ and ‘Business S’;
(c) her Motor Vehicle L;
(d) 134,744 Shares M in the Wife’s name;
(e) 13,000 Shares N shares in the Wife’s name;
(f) all bank accounts held in the Wife’s name;
(g) partial property settlement received by the Wife pursuant to order (1)(b) of the orders made 13 March 2018;
(h) her jewellery; and
(i) all other property in her name and possession and not otherwise dealt with under these orders.
34.
The Wife be solely liable for and indemnify the Husband in respect of the following liabilities:
(a) Bank account no. …;
(b) Mortgage Loan account no. …;
(c) the Wife’s credit cards;
(d) the debt owing to the maternal grandmother; and
(e) all other liabilities in the name of the Wife not otherwise dealt with in these orders.
The Husband’s inheritance
35.
The Husband be solely entitled, to the exclusion of the Wife, to any interest he may have in or may inherit from the estate of the late Mr O, including but not limited to his interest in:
(a) all of the rural property known as ‘Property P’ situated at Property P in the state of New South Wales, and more particularly described as Lots … in DP … (“Property P”);
(b) all of the rural property known as ‘Property P’ situated at in the state of New South Wales, and more particularly described as Lot … in DP … AND Lot … in DP … (“Property P”);
(c) all of the rural property known as ‘Property Q’ in the state of New South Wales, and more particularly described as Lots … and … in DP … (“Property Q”); and
(d) the Husband’s share of the residue of the estate.
Cash settlement
36.
By 4:00pm on 11 July 2019 (“the date”) the Husband is to pay the Wife the sum of $214,291.28 (“the payment”).
Default in payment of cash settlement
37.
In the event the Husband fails to make the payment by the date (“the default”), the Husband is to nominate which of the properties known as Property E, Property P and Property Q (“the nominated property”) he will sell in order to raise the funds to make the payment and advise the Wife of his nomination in writing within 14 days of the default and upon nomination, the Husband shall forthwith do all things necessary to place the nominated property upon the market for sale (“the default sale”).
38.
Upon settlement of the default sale, the proceeds of sale shall be distributed as follows:
(a) firstly, to pay all costs, commissions and expenses of the sale;
(b) secondly to discharge any mortgage or other encumbrance affecting the nominated property;
(c) thirdly, so much of the default payment as is then outstanding together with interest thereon at the rate prescribed under rule 22.01 of the Federal Circuit Court Rules 2001 adjusted monthly from the date, to the Wife; and
(d) fourthly, the balance to the Husband.
Furniture and contents
39.
Save for the furniture and contents of [X] and [Y]’s bedrooms which are to be retained by the Wife, the furniture and contents of the former matrimonial home are to be divided equally between the parties as agreed between them and failing agreement the Wife is to provide to the Husband two lists, with each list containing half of the parties’ furniture and contents with the Husband to then select one of the said lists and the Wife to then retain all of the furniture and effects on the other list.
Stinson Goldsmith Self-managed Superannuation Fund
The Husband to transfer 100% of benefits in the Stinson Goldsmith Superannuation Fund to the Wife (“Splitting Order 1”)
40.
In accordance with paragraph 90XT(1)(b) of the Family Law Act 1975 (Cth):
(a) the Wife is entitled to be paid the specified percentage out of the Husband’s interest in the Stinson Goldsmith Superannuation Fund;
(b) the Husband’s entitlement (or the entitlement of such other person to whom a payment may be made out of the husband’s interest) in the Stinson Goldsmith Superannuation Fund, is correspondingly reduced by force of this order; and
(c) the percentage specified for the purposes of this order is 100%.
41.
The Trustee of the Fund do all such acts and things and sign all such documents as may be necessary to:
(a) calculate, in accordance with the requirements of the Family Law Act 1975 (Cth) and the Family Law (Superannuation) Regulations 2001 the entitlement awarded to the Husband in the immediately preceding clause of this order; and
(b) pay the entitlement whenever the trustee makes a splittable payment from the Husband’s interest in the Stinson Goldsmith Superannuation Fund.
42.
Splitting Order 1 operates from Operative Time 1, the operation of which is ordered in Order 50.
43.
The Court notes:
(a) the value of the Wife’s interest is calculated in accordance with the SIS Regulations; and
(b) any payments from the Husband’s superannuation interest in the Stinson Goldsmith Superannuation Fund made after the trustee has created a new interest in the Applicant Husband’s name in the Stinson Goldsmith Superannuation Fund are not splittable payments in accordance with the requirements of the Family Law (Superannuation) Regulations 2001.
Wife to transfer 50% of benefits in the Stinson Goldsmith Superannuation Fund to the Husband (“Splitting Order 2”)
44.
In accordance with paragraph 90XT(1)(b) of the Family Law Act 1975 (Cth):
(a) the Husband is entitled to be paid the specified percentage out of the Wife’s interest in the Stinson Goldsmith Superannuation Fund;
(b) the Wife’s entitlement (or the entitlement of such other person to whom a payment may be made out of the Wife’s interest) in the Stinson Goldsmith Superannuation Fund, is correspondingly reduced by force of this Order; and
(c) the percentage specified for the purposes of this Order is 50%.
45.
The Trustee of the Fund shall do all such acts and things and sign all such documents as may be necessary to:
(a) calculate, in accordance with the requirements of the Family Law Act 1975 (Cth) the entitlement awarded to the Husband in the immediately preceding clause of this Order; and
(b) pay the entitlement whenever the Trustee of the Fund makes a splittable payment from the Wife’s interest in the Stinson Goldsmith Superannuation Fund.
46.
Splitting Order 2 operates from Operative Time 2, the operation of which is ordered in Order 50.
47.
The Court notes:
(a) the value of the Husband’s interest is calculated in accordance with the SIS Regulations; and
(b) any payments from the Wife’s superannuation interest in the Stinson Goldsmith Superannuation Fund made after the trustee has created a new interest in the Husband’s name in the Stinson Goldsmith Superannuation Fund are not splittable payments in accordance with the requirements of the Family Law (Superannuation) Regulations 2001.
Operative Time of the Order
48.
The operative times for Splitting Order 1 and Splitting Order 2 operate as follows:
(a) firstly, Operative Time 1 operates from the beginning of the fourth day after the date these Orders are made; and
(b) secondly, Operative Time 2 operates immediately following the operation of Operative Time 1.
49.
Service of this order on the Trustees shall be deemed to have occurred on the fourth day after the date these orders are made by reason that the parties are Trustees and the Court notes that service will enliven the operating standards of Part 7A of the Superannuation Industry (Supervision) Regulations 1994.
Transfer of Underlying Interests
50.
After service by the Trustees, of the payment split notices pursuant to r.7A.03 of the SIS Regulations in accordance with the operating standards under the Superannuation Industry (Supervision) Regulations 1994, the Wife shall do all such acts and things and sign all such documents as may be necessary, including but not limited to exercising her request pursuant to r.7A.06 of the SIS Regulations (“the Husband’s r.7A.05 request”) for the transfer or rollover of the transferable benefit to another complying superannuation fund (“the Wife’s new fund”).
51.
Forthwith upon the making of these orders the Trustees shall convene a meeting by exchange of minutes within 14 days after receipt of both the Wife’s r.7A.06 request and the Husband’s r.7A.05 request and in that meeting do all such acts and things, and sign all such documents as may be necessary to:
(a) authorise the creation of the new interest in the name of the wife pursuant to r.7A.11of the Superannuation Industry (Supervision) Regulations 1994;
(b) liquidate sufficient of the assets of the fund to enable the transfer of the transferable benefits pursuant to r.7A.12 of the Superannuation Industry (Supervision) Regulations 1994 to the trustee of the husband’s new Superannuation Fund by payment of liquid funds as opposed to an in-specie transfer of assets;
(c) transfer the transferable benefits pursuant to r.7A.12 of the Superannuation Industry (Supervision) Regulations 1994 to the trustee of the Wife’s new Superannuation Fund.
52.
Contemporaneously with the transfer of the wife’s interest in the Stinson Goldsmith Superannuation Fund to the Wife’s new Superannuation Fund the Wife shall do and sign all documents necessary to:
(a) appoint a corporate trustee for the Stinson Goldsmith Superannuation Fund or facilitate the appointment of another trustee as nominated by the Husband;
(b) resign as a trustee of the Stinson Goldsmith Superannuation Fund; and
(c) do all such things as may be necessary to remove herself as a signatory on any bank accounts, related holdings and other investments held in her name (whether solely or jointly) on behalf of the Stinson Goldsmith Superannuation Fund.
53.
Pending the transfer and rollout of the transferrable benefits from the Wife’s member benefit in accordance with these Orders:
(a) save as expressly provided for in these Orders, each of the Husband and the Wife is restrained by injunction from drawing upon their member benefits in the Stinson Goldsmith Superannuation Fund in any manner, including but not limited to drawing funds from their member benefits under the Transition to Retirement rules;
(b) each of the Husband and the Wife in their capacities as Trustees of the Fund is restrained by injunction from dealing with, charging, encumbering or disposing of any of the assets of the Stinson Goldsmith Superannuation Fund, other than to give effect to the terms of these orders or undertaken in the ordinary course of the management of the Stinson Goldsmith Superannuation Fund;
(c) each of the Husband and the Wife must immediately revoke any binding death benefit nomination already made and each party be and is hereby is restrained by injunction from:
(i) making any binding death benefit nomination in favour of a child described in regulation 13 of the Regulations;
(ii) making any other nomination where the effect of such nomination would be to render any splittable payment not splittable; and
(iii) doing any such act or thing which would defeat, extinguish or reduce the entitlement of either of the Husband and the Wife under this order.
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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