Bard and Arthur

Case

[2009] FamCA 818

3 September 2009


Details
AGLC Case Decision Date
Bard and Arthur [2009] FamCA 818 [2009] FamCA 818 3 September 2009

CaseChat Overview and Summary

In the matter of *Bard and Arthur*, Watts J made orders pursuant to Section 79 of the *Family Law Act 1975* (Cth) concerning the property of the parties. The dispute involved the division of assets between the wife and the husband.

The court was required to determine the appropriate financial orders to be made in relation to the parties' property. This included the division of a property known as "B property" and another property at "N", as well as other assets and liabilities. The orders also addressed the consequences of non-compliance with the primary payment obligations.

Watts J ordered that the wife pay the husband $234,490.00 within three months, and the husband was to withdraw any caveat lodged on "B property". If the wife failed to make this payment, the husband would be appointed trustee for the sale of "B property", with the proceeds to cover sale costs, the mortgage, and the balance to be paid to the husband. Furthermore, if the wife did not comply with the payment order, her property at "N" would be charged with a debt of $29,490.00 plus interest, and the husband would be entitled to lodge a caveat on that property. Each party was otherwise to retain property in their possession. The Registrar of the Sydney Registry of the Family Court of Australia was appointed to execute documents if either party refused or neglected to do so.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Charge

  • Costs

  • Injunction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Norbis v Norbis [1986] HCA 17