Windeyer-Potter and Potter

This matter came before Justice Fowler concerning the enforcement of consent orders made on 14 October 2008 between the parties, identified as Windeyer-Potter and Potter. The dispute centred on the obligation of the trustee of the Windeyer Potter Superannuation Fund to transfer a specified portion of its cash holdings to the trustee of the C W Superannuation Fund.

The court was required to determine the precise extent of the trustee's obligation to transfer funds, as detailed in the consent orders, and to ensure compliance with those obligations. Specifically, the court needed to declare the exact amounts to be transferred from two separate cash holdings of the Windeyer Potter Superannuation Fund, as at specific dates in March 2009.

Justice Fowler declared that the trustee of the Windeyer Potter Superannuation Fund was obliged to transfer 60% of the cash held in the Adelaide Bank and 60% of the cash held in the Potter Holdings Pty Limited account to the C W Superannuation Fund, referencing the dates specified in the consent orders. The court further ordered the husband to ensure these payments were made and that the trustee of the Windeyer Potter Superannuation Fund comply with the declarations. In the event of non-payment within 28 days, the husband was ordered to pay interest on the outstanding sums. Liberty was granted to the parties to apply for further orders to give effect to the declarations, and the original consent orders of 14 October 2008 were otherwise confirmed.