Aheb and Aheb (No. 4)
Case
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[2009] FamCA 1245
•21 December 2009
Details
AGLC
Case
Decision Date
Aheb and Aheb (No. 4) [2009] FamCA 1245
[2009] FamCA 1245
21 December 2009
CaseChat Overview and Summary
This matter came before Justice Murphy of the Family Court of Australia concerning the final division of property between the husband and wife. The proceedings involved the discharge of previous orders and the establishment of new arrangements for the transfer of various properties, company interests, and superannuation funds.
The court was required to determine the specific terms and conditions for the division of real estate, including the transfer of multiple units between the parties. Further issues included the sale of a property held by A Pty Ltd, the transfer of shares in K Limited, the winding up of the Aheb Business Trust and A Pty Ltd, and the transfer of the Aheb Superannuation Fund. The court also addressed the allocation of liabilities, including rates, taxes, and outgoings, as well as the payment of costs and the consequences of default.
Justice Murphy ordered the discharge of all previous orders, save for specific costs orders and certain paragraphs of earlier orders. The husband was directed to transfer several properties to the wife, and the wife was to transfer other properties to the husband. Both parties were to facilitate the sale of a property held by A Pty Ltd, with the husband to bear associated costs and capital gains tax. The husband was to indemnify the wife against liabilities of A Pty Ltd, and both parties were to share equally in the costs of winding up the Aheb Business Trust and A Pty Ltd, with the husband to bear any outstanding liabilities. The wife was to retain specific bank accounts and her superannuation fund, while the husband was to retain all other property. The court also made detailed provisions for the payment of costs, including the transfer of funds from various accounts, and outlined a process for the sale of a property in the event of the husband's default.
The court was required to determine the specific terms and conditions for the division of real estate, including the transfer of multiple units between the parties. Further issues included the sale of a property held by A Pty Ltd, the transfer of shares in K Limited, the winding up of the Aheb Business Trust and A Pty Ltd, and the transfer of the Aheb Superannuation Fund. The court also addressed the allocation of liabilities, including rates, taxes, and outgoings, as well as the payment of costs and the consequences of default.
Justice Murphy ordered the discharge of all previous orders, save for specific costs orders and certain paragraphs of earlier orders. The husband was directed to transfer several properties to the wife, and the wife was to transfer other properties to the husband. Both parties were to facilitate the sale of a property held by A Pty Ltd, with the husband to bear associated costs and capital gains tax. The husband was to indemnify the wife against liabilities of A Pty Ltd, and both parties were to share equally in the costs of winding up the Aheb Business Trust and A Pty Ltd, with the husband to bear any outstanding liabilities. The wife was to retain specific bank accounts and her superannuation fund, while the husband was to retain all other property. The court also made detailed provisions for the payment of costs, including the transfer of funds from various accounts, and outlined a process for the sale of a property in the event of the husband's default.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Costs
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Remedies
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Injunction
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Appeal
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Res Judicata
Actions
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Citations
Aheb and Aheb (No. 4) [2009] FamCA 1245
Cases Citing This Decision
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