Wordsworth and Tatum

Case

[2018] FCCA 1480

13 June 2018


Details
AGLC Case Decision Date
Wordsworth and Tatum [2018] FCCA 1480 [2018] FCCA 1480 13 June 2018

CaseChat Overview and Summary

In the matter of Wordsworth and Tatum, Judge Terry of the Federal Circuit Court of Australia made orders concerning the division of property and superannuation interests between the parties. The dispute involved the distribution of funds held by solicitors, a portion of a workplace damages claim, and Mr Tatum's superannuation interest.

The court was required to determine how to effect the payment of certain funds to the wife, the allocation of a portion of the husband's workplace damages claim, and the division of the husband's superannuation interest in accordance with the *Family Law Act 1975*. Specifically, the court needed to address the calculation and payment of a splittable payment from the superannuation fund to the wife, and the corresponding reduction of the husband's entitlement.

The court ordered that the wife be paid the money held in trust by Lawlers Solicitors. It also ordered the husband to pay a specific sum to the wife, and upon compliance, the husband was declared the sole owner of the remaining balance of his workplace damages claim. Furthermore, the court made orders for the allocation of a base amount from the husband's superannuation interest to the wife, and that the wife was entitled to be paid the amount calculated in accordance with the *Family Law (Superannuation) Regulations 2001*, with the husband's entitlement being correspondingly reduced. The Trustee of the superannuation fund was directed to calculate and pay the wife's entitlement. The orders also provided for the Registrar to execute documents if a party neglected to do so, and declared each party the owner of assets in their possession.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Costs

  • Statutory Construction

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