Sunderland and Sunderland
Case
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[2018] FamCA 343
•18 May 2018
Details
AGLC
Case
Decision Date
Sunderland and Sunderland [2018] FamCA 343
[2018] FamCA 343
18 May 2018
CaseChat Overview and Summary
In *Sunderland and Sunderland*, heard by Cleary J, the dispute concerned the division of property between a husband and wife. The specific assets and liabilities to be divided were the subject of the proceedings.
The court was required to determine how the parties' respective superannuation entitlements, beneficial interests in a trust, motor vehicles, bank accounts, and various chattels should be allocated between them.
Cleary J ordered that the wife retain her superannuation entitlements, her beneficial interest in the C Trust, her motor vehicle, and all bank accounts and chattels in her sole name or possession. The husband was ordered to retain his superannuation entitlements, his two motor vehicles, and all chattels in his possession. Furthermore, the court directed the husband and wife to execute documents to facilitate the transfer of funds from two Commonwealth Bank accounts, with the wife to receive $78,350 from account number …11, the husband to receive the remaining balance of account number …11, and the entire balance of account number …03 to be transferred to the husband.
The court was required to determine how the parties' respective superannuation entitlements, beneficial interests in a trust, motor vehicles, bank accounts, and various chattels should be allocated between them.
Cleary J ordered that the wife retain her superannuation entitlements, her beneficial interest in the C Trust, her motor vehicle, and all bank accounts and chattels in her sole name or possession. The husband was ordered to retain his superannuation entitlements, his two motor vehicles, and all chattels in his possession. Furthermore, the court directed the husband and wife to execute documents to facilitate the transfer of funds from two Commonwealth Bank accounts, with the wife to receive $78,350 from account number …11, the husband to receive the remaining balance of account number …11, and the entire balance of account number …03 to be transferred to the husband.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Constructive Trust
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Remedies
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Bevan & Bevan
[2013] FamCAFC 116
Singer v Berghouse
[1994] HCA 40