Ackerley and Ackerley

Case

[2019] FamCA 500

30 July 2019


Details
AGLC Case Decision Date
Ackerley and Ackerley [2019] FamCA 500 [2019] FamCA 500 30 July 2019

CaseChat Overview and Summary

In the matter of *Ackerley and Ackerley*, Berman J considered orders relating to the financial affairs of the parties and their associated entities. The dispute involved the husband's obligations concerning the lodgement of financial reports and tax returns for various companies and a trust, as well as interim property settlement and disclosure of financial documents.

The court was required to determine the terms of orders concerning the timely lodgement of tax returns and financial reports for D Holdings Pty Ltd, D Pastoral Company Pty Ltd, and the Ackerley Family Trust. Further issues included the husband's authorisation for his accountant to communicate with the wife, the payment of interim property settlement, and the husband's restraint from dealing with certain assets. The court also needed to address the provision of specific financial disclosure by the husband and the consequences of default in payment of the interim property settlement.

Berman J ordered the husband to take all necessary steps to lodge the outstanding financial reports and tax returns for the specified entities by 31 August 2019, with an extension for the 2019 returns to 1 December 2019. Provisions were made for the wife to nominate accountants if the delay was due to the unavailability of the husband's accountant, with the husband to elect and jointly instruct a nominated accountant at his or the entity's cost. The husband was also ordered to authorise his accountant to communicate with the wife and provide information. An interim property settlement of $100,000 was ordered to be paid by the husband to the wife within thirty days, with $50,000 to be paid directly to the wife's solicitors. The husband was restrained from selling, transferring, or otherwise alienating his interest in specified properties and entities, except in the ordinary course of business. The husband was also ordered to provide specific financial disclosure within twenty-one days. In the event of default in the interim property settlement payment, the property at F Street, Town G was to be placed on the market for sale, with the net proceeds to be disbursed first to the wife up to $100,000 plus default interest, and the balance to be held pending further order. The husband's Response filed on 12 June 2019 was dismissed.
Details

Areas of Law

  • Family Law

  • Tax Law

  • Commercial Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Discovery

  • Procedural Fairness

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Hall v Hall [2016] HCA 23
Maroney & Maroney [2009] FamCAFC 45
Felice & Felice [2011] FamCA 162