Thurston and Loomis and Ors (No. 3)

This case concerned proceedings between Ms Thurston (the Applicant) and Mr Loomis (the First Respondent), along with other respondents. The dispute involved the division of property and the resolution of financial liabilities between the parties. The matter came before Forrest J of the Family Court of Australia.

The court was required to determine the appropriate orders for the division of property, including shares in companies, business equipment, and personal chattels. Further issues included the allocation of liabilities arising from dealings with various companies, including those in the United Kingdom and Australia, and the discharge of outstanding debts and legal costs. A significant legal issue involved the splitting of superannuation interests pursuant to the *Family Law Act 1975* and the subsequent distribution of funds from a superannuation lump sum payment.

Forrest J made detailed orders regarding the retention of property by each party, including specific shares and bank accounts. The court ordered the First Respondent to indemnify the Applicant against certain liabilities and, conversely, the Applicant to indemnify the First Respondent against others, with specific exceptions. Crucially, the court ordered a superannuation splitting payment to the First Respondent from the Applicant's interest in the R Superannuation Fund, with 100% of the splittable payment to be transferred. The court further directed that a lump sum payment received by the First Respondent from this fund be held on trust by Mr BG, an accountant, to satisfy specific payments, including a sum to the Applicant calculated by a specified formula, arrears and future child support, legal costs owed to ML Lawyers, and the balance to the First Respondent, to be managed by his solicitor, Mr RO. The court also restrained the Respondents from pursuing further recovery actions against the Applicant and ordered the discontinuance of certain UK proceedings.