Symes and Hawker

This matter concerned an application in a case filed on 3 September 2019, brought before Berman J of the Family Court of Australia. The proceedings involved parties identified as Symes and Hawker, and the dispute revolved around the disbursement of proceeds from property sales, the management and investment of a superannuation fund, and the winding up of a company and trust.

The court was required to determine the priority of payments from the sale of a property at B Street, Suburb C, including costs, mortgage discharges, taxation liabilities, and the repayment of loans to a superannuation fund. Further issues included the investment of the monetary component of the superannuation fund, the restraint of parties from redrawing on certain loans, and the authorisation for one party to sign taxation returns on behalf of the other. The court also had to consider the release of an undertaking, the transfer of funds to the Collector of Public Monies for the Family Court, and the winding up of a company and vesting of trust property.

Berman J ordered that the proceeds of sale of the property at B Street, Suburb C be disbursed in a specific order: first, to meet sale costs; second, to discharge mortgages; third, to meet taxation liabilities arising from the sale; and fourth, subject to the advice of an accountant, to repay loans to the superannuation fund. The court further ordered that the monetary component of the superannuation fund be invested according to its investment strategy and the advice of a specified individual. The parties were restrained from redrawing on the E Company loans. The wife was authorised to sign taxation returns on behalf of the husband in certain circumstances, and an undertaking given by the wife was released. A sum of $30,000, or such other sum held on behalf of the parties or the company, was to be transferred to the Collector of Public Monies for the Family Court. The husband and wife were instructed to wind up the company and vest the property of the trust, provided that certain costs were paid from the funds transferred to the Collector. Further consideration of specific paragraphs of the application was adjourned.