Xu-Mao and Xu-Mao (No. 2)
Case
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[2009] FamCA 376
•8 May 2009
Details
AGLC
Case
Decision Date
Xu-Mao and Xu-Mao (No. 2) [2009] FamCA 376
[2009] FamCA 376
8 May 2009
CaseChat Overview and Summary
The Honourable Justice Cronin considered the parenting arrangements for the children V and K, and the division of superannuation interests between the husband and wife. The dispute concerned the allocation of parental responsibility and the division of the husband's interest in the R Super Fund.
The court was required to determine the primary residence and sole responsibility for the children, and to make orders regarding the division of the husband's superannuation interest in accordance with section 90MT of the *Family Law Act 1975* (Cth). This involved calculating the wife's entitlement from the husband's superannuation fund.
Justice Cronin ordered that the children V and K live with the husband and that the husband have sole responsibility for them. The children are to spend time with and communicate with the wife by agreement between the parties. Regarding the superannuation, a base amount of $95,000 was allocated to the wife from the husband's interest in the R Super Fund. The court further ordered that the wife is entitled to be paid the amount calculated in accordance with Part VI of the *Family Law (Superannuation) Regulations 2001*, with the husband's entitlement correspondingly reduced. The Trustee of the Fund was directed to take all necessary steps to calculate and pay the wife's entitlement. All other outstanding applications were dismissed.
The court was required to determine the primary residence and sole responsibility for the children, and to make orders regarding the division of the husband's superannuation interest in accordance with section 90MT of the *Family Law Act 1975* (Cth). This involved calculating the wife's entitlement from the husband's superannuation fund.
Justice Cronin ordered that the children V and K live with the husband and that the husband have sole responsibility for them. The children are to spend time with and communicate with the wife by agreement between the parties. Regarding the superannuation, a base amount of $95,000 was allocated to the wife from the husband's interest in the R Super Fund. The court further ordered that the wife is entitled to be paid the amount calculated in accordance with Part VI of the *Family Law (Superannuation) Regulations 2001*, with the husband's entitlement correspondingly reduced. The Trustee of the Fund was directed to take all necessary steps to calculate and pay the wife's entitlement. All other outstanding applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Statutory Construction
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Remedies
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