Bass and Bass & Anor (No 2)
Case
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[2014] FamCA 1062
•2 December 2014
Details
AGLC
Case
Decision Date
Bass and Bass & Anor (No 2) [2014] FamCA 1062
[2014] FamCA 1062
2 December 2014
CaseChat Overview and Summary
In *Bass and Bass & Anor (No 2)*, Aldridge J considered applications arising from previous orders concerning property and child support. The dispute involved a trust established for the benefit of a seventeen-year-old child, with disagreements between the husband and wife regarding its administration and the removal of the parties as trustees. The wife also sought indemnity costs, arguing the husband's application was without merit.
The court was required to determine whether to modify existing child support orders, specifically regarding the backdating of child support payments and the charging of administration costs for a child support trust. Further issues included the justness and equitability of returning the trust corpus to the husband, the appointment of new trustees for the child's trust, and the appropriate orders for costs.
Aldridge J reasoned that it would not be just and equitable to return the trust corpus to the husband. The court ordered modifications to the child support orders to allow for the charging of administration costs by the trustees. The husband and wife were removed as trustees of the child's trust, and new trustees were appointed. The court also ordered that the case guardian be indemnified in full for her costs and expenses by the child support trust, and that the husband indemnify the child support trust for these costs. The husband was also ordered to pay one half of the wife's costs.
The court was required to determine whether to modify existing child support orders, specifically regarding the backdating of child support payments and the charging of administration costs for a child support trust. Further issues included the justness and equitability of returning the trust corpus to the husband, the appointment of new trustees for the child's trust, and the appropriate orders for costs.
Aldridge J reasoned that it would not be just and equitable to return the trust corpus to the husband. The court ordered modifications to the child support orders to allow for the charging of administration costs by the trustees. The husband and wife were removed as trustees of the child's trust, and new trustees were appointed. The court also ordered that the case guardian be indemnified in full for her costs and expenses by the child support trust, and that the husband indemnify the child support trust for these costs. The husband was also ordered to pay one half of the wife's costs.
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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Costs
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Remedies
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Jurisdiction
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Procedural Fairness
Actions
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Most Recent Citation
Bass & Bass [2016] FamCA 412
Cases Cited
3
Statutory Material Cited
1
Bass & Bass and Anor
[2014] FamCA 1000
Colgate-Palmolive Co v Cussons Pty Ltd
[1993] FCA 536
Colgate-Palmolive Co v Cussons Pty ltd
[1993] FCA 801