Turner and Turner and Anor

This matter came before Macmillan J of the Family Court of Australia concerning financial and child support orders between a husband and wife. The dispute involved the division of property, the payment of a significant sum by the husband to the wife, spousal maintenance, and child support obligations, including specific provisions for the child's education and healthcare. The court was required to make orders to finalise these financial and child support arrangements.

The court was tasked with determining the precise financial entitlements and obligations of each party. This included the quantum and method of payment of a substantial sum from the husband to the wife, the ongoing provision of spousal maintenance, the division of superannuation interests, and the husband's child support responsibilities, both periodic and non-periodic. Furthermore, the court needed to address the husband's personal guarantees and liabilities relating to corporate entities within the Turner Group, and to make orders regarding the allocation of various assets and liabilities between the parties.

Macmillan J made detailed orders to resolve the dispute. The husband was ordered to pay a sum of $12,042,312 to the wife and transfer a German motor vehicle. Pending this payment, the husband was to pay spousal maintenance of $4,000 per month. The orders stipulated mechanisms for the husband to satisfy the payment, including the potential sale of his shares in Turner Pty Ltd, and provided for interest to accrue in the event of default. The husband was also ordered to indemnify the wife against various liabilities, including personal guarantees and those arising from the Turner Group entities. The court also made specific orders regarding the division of the husband's interest in a superannuation fund and significantly departed from the assessed child support, ordering the husband to pay substantial weekly amounts and all educational and medical expenses for the child, including providing the wife with a supplementary credit card for these purposes. The orders also clarified the parties' entitlements to other property and allocated responsibility for associated liabilities, with the husband ordered to pay the wife's costs on an indemnity basis.