Atuk and Atuk and Anor

In the matter of *Atuk and Atuk*, Foster J of the Federal Circuit and Family Court of Australia was required to determine the division of controlled monies held on trust between a husband and wife. The dispute concerned the equitable distribution of these funds following the breakdown of their marriage.

The central legal issue before the court was how to fairly allocate the controlled monies between the parties. This involved considering the existing trust arrangements and the respective entitlements of the husband and wife to those funds.

Foster J ordered that the controlled monies held on trust be divided. Specifically, the wife was to receive $254,194, along with any pro rata interest accrued on that sum. The remaining balance of the controlled monies was to be paid to the husband. The court also stipulated that any applications for costs were to be made by way of a formal application supported by affidavit, to be filed within one month of the date of the order.