ARMITAGE & ARMITAGE

In the matter of ARMITAGE & ARMITAGE, Judge Coker of the Federal Circuit and Family Court of Australia made orders concerning the property settlement between the parties. The dispute centred on the division of assets and liabilities following the breakdown of the marriage.

The court was required to determine how the parties' various assets, including a sum of money held in trust, a property identified as Property B, and several motor vehicles, along with associated liabilities, should be divided. The court also considered the need for an injunction to restrain the husband from dealing with Property B.

Judge Coker ordered that $44,000 held in a solicitor's trust account be released to the Wife absolutely. The Husband was directed to sell Property B under the Wife's direction as to manner and price, with the net proceeds, after payment of existing liabilities and rates, to be paid to the Wife. An injunction was granted to prevent the Husband from dealing with Property B. The Wife was to retain her motor vehicle and other possessions, indemnifying the Husband against any liabilities attaching to them. Similarly, the Husband was to retain his motor vehicles and other possessions, indemnifying the Wife against any liabilities, including taxation arising from his business. Provisions were also made for the determination of costs should any party seek them.