STRICKLAND & PURCELL

[2015] FamCA 372

FAMILY COURT OF AUSTRALIA

STRICKLAND & PURCELL [2015] FamCA 372

FAMILY LAW – SUPERANNUATION – where consent orders entered into prior to Family Law Legislation Amendment (Superannuation) Act 2001 (Cth) – where consent orders provided for the foreshadowed superannuation amendments - where wife sought consequential orders to enable a splitting order to be made pursuant to s 90MT – intention of the Parliament to exclude orders made prior to commencement date – orders are not consequential – wife’s application dismissed.

Family Law Act 1975 (Cth) s 79A, 90MT, 90MZD

Family Law Legislation Amendment (Superannuation) Act 2001 (Cth) s 4, 5

Bassi & KD Salesforce Specialists Pty Ltd v Maas (1999) FLC 92-867
Greetham & Greetham [2010] FamCA 246
Hackett & Hackett [2007] FamCA 1618
Lehear & Lehear [2009] FamCA 645
In the Marriage of Ravasini (1983) FLC 91-312
In the Marriage ofWest & Green (1991) 16 Fam LR 811
Molier & Van Wyk (1980) FLC 90-991
Wooley & Kingston [2007] FamCA 1509

APPLICANT: Ms Strickland

RESPONDENT: Mr Purcell

FILE NUMBER: ADF 5212 of 1999

DATE DELIVERED: 15 May 2015

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 14 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Heffernan

SOLICITOR FOR THE APPLICANT: Heffernan & Co

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: No appearance of Litigant in Person

Orders

1. That the Application in a Case filed 8 April 2015 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Strickland & Purcell has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 5212  of 1999

Ms Strickland

Applicant

And

Mr Purcell

Respondent

REASONS FOR JUDGMENT

INTRODUCTION 

1. On 8 April 2015 Ms Strickland (“the wife”) filed an Application in a Case seeking the following orders:-

   (a)pursuant to paragraph 90MT (1) (a) of the Family Law Act 1975 (Cth) (“the Act”) whenever a splittable payment becomes payable in respect of the husband’s interest in AMP Super Policy (“AMP Flexible Lifetime Superannuation No. … but since converted by the respondent husband to Policy No. …) the applicant is to be paid the sum of $28,450 plus interest at the rate earned by the respondent’s AMP Fund on that amount calculated upon the date of separation (28.8.99) to the date of the payment to the applicant and there be a corresponding reduction in the entitlement the husband would have received in the aforesaid superannuation fund but for this order;

   (b)that the operative time for paragraph (a) of these orders in respect of the husband’s interest in AMP Super is four business days after service of the sealed orders of the court on the Trustees for AMP Super, and;

   (c)these orders bind the trustees of AMP Super to observe its obligations as Trustee under the Act and the Family Law Superannuation Regulations 2001.

2. Mr Purcell is the husband named in the proceedings.  He has not filed…