Aitken & Aitken (No 3)

The case of Aitken & Aitken (No 3) dealt with a dispute between the husband and wife, who had been married and separated after 28 years, regarding their tax liabilities and property ownership. The court was tasked with resolving various legal issues surrounding the tax implications of the division of assets, the ownership of specific properties, and the financial obligations of the parties. The case involved several parcels of real estate and shares in a company, along with the financial obligations of a trust.

The primary legal issues the court had to decide included the method by which the parties should address their tax liabilities, the appropriate division of properties and shares, and the necessary steps to regularise the accounts of D Pty Ltd. The court also had to determine the financial settlement between the husband and wife, including the payment of half the value of D Pty Ltd to the wife and the indemnification of the wife in relation to any claim by Mr X.

The court concluded that the dividend method was an acceptable way for the parties to address their tax liabilities. It ordered the immediate regularisation of their tax obligations and directed the transfer of specific properties to the husband and wife. Additionally, the court mandated the regularisation of D Pty Ltd's accounts and the subsequent acquisition of the wife’s shareholding by the husband, accompanied by a cash payment to the wife for her shares. The court also addressed the indemnification of the wife regarding any claims by Mr X.

The final orders included the immediate regularisation of the parties' tax liabilities, the transfer of specific properties to the husband and wife, the regularisation of D Pty Ltd's accounts, the acquisition of the wife’s shareholding by the husband, the payment of half the value of D Pty Ltd to the wife, and the indemnification of the wife in relation to any claim by Mr X. These orders aimed to resolve the financial and property-related disputes between the parties.