BARR & BARR
Case
•
[2018] FCCA 3069
•30 October 2018
Details
AGLC
Case
Decision Date
BARR & BARR [2018] FCCA 3069
[2018] FCCA 3069
30 October 2018
CaseChat Overview and Summary
In the matter of *Barr & Barr*, Judge Small considered applications for interim property settlement and spousal maintenance. The wife sought a property settlement of $94,560 to fund her legal fees and business development, and also sought interim spousal maintenance. The husband sought to be restrained from dealing with marital assets outside the normal course of business.
The court was required to determine whether to grant the wife a partial property settlement and, if so, in what amount. Additionally, the court had to decide the appropriate quantum of interim spousal maintenance, with the wife seeking either $750 or $1157 per week, and whether to impose an interlocutory injunction restraining the husband from dealing with marital assets.
Judge Small ordered a partial property settlement totalling $51,930, comprising $35,000 paid to the wife's company and $16,930 paid to the wife personally. The husband was also ordered to pay interim spousal maintenance of $750 per week, in addition to covering specific expenses for the wife, including rent, utilities, mobile phone, motor vehicle repayments, and children's education costs. Furthermore, the husband was restrained from dealing with the assets of Business 1 Pty Ltd or other relevant assets otherwise than in the normal course of business until further order.
The court was required to determine whether to grant the wife a partial property settlement and, if so, in what amount. Additionally, the court had to decide the appropriate quantum of interim spousal maintenance, with the wife seeking either $750 or $1157 per week, and whether to impose an interlocutory injunction restraining the husband from dealing with marital assets.
Judge Small ordered a partial property settlement totalling $51,930, comprising $35,000 paid to the wife's company and $16,930 paid to the wife personally. The husband was also ordered to pay interim spousal maintenance of $750 per week, in addition to covering specific expenses for the wife, including rent, utilities, mobile phone, motor vehicle repayments, and children's education costs. Furthermore, the husband was restrained from dealing with the assets of Business 1 Pty Ltd or other relevant assets otherwise than in the normal course of business until further order.
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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Injunction
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Remedies
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Fiduciary Duty
Actions
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Citations
BARR & BARR [2018] FCCA 3069
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Stanford v Stanford
[2012] HCA 52
Bevan & Bevan
[2013] FamCAFC 116
Strahan & Strahan & Commissioner of Taxation
[2013] FamCAFC 203