Batsman and Batsman (No 2)
Case
•
[2010] FamCA 585
•7 JULY 2010
Details
AGLC
Case
Decision Date
Batsman and Batsman (No 2) [2010] FamCA 585
[2010] FamCA 585
7 JULY 2010
CaseChat Overview and Summary
In the matter of *Batsman and Batsman (No 2)*, Young J of the Family Court of Australia made orders by consent between the Husband and the Wife. The dispute concerned the final division of property and the resolution of financial matters between the parties.
The court was required to determine the terms of consent orders that would finally determine the financial relationship between the parties, as far as practicable, and avoid further proceedings. These orders addressed the sale and disbursement of proceeds from a property, the transfer of interests in certain entities, and the allocation of liabilities and assets.
The reasoning of the court was based on the consent of the parties, as evidenced by the orders made. The orders stipulated that the proceeds of sale of the property would first cover selling and conveyancing expenses, followed by the discharge of a Westpac mortgage. The remaining balance was to be disbursed, with a specified sum and associated costs paid to the Wife's solicitors, and the ultimate balance to the Husband's solicitors. The Wife was also ordered to transfer her interests in M Pty Ltd and Batsman Family Trust to the Husband, and the Husband was to indemnify her against all liabilities arising from her former roles in these entities. Further orders clarified the exclusive entitlement to property in each party's possession, the retention of joint bank account monies by the Husband, the foregoing of claims to superannuation, and the severance of any joint tenancies. The court certified that the matter reasonably required the attendance of counsel for both parties and noted that the orders were intended to finally determine the financial relationship between them pursuant to section 81 of the *Family Law Act 1975*.
The court was required to determine the terms of consent orders that would finally determine the financial relationship between the parties, as far as practicable, and avoid further proceedings. These orders addressed the sale and disbursement of proceeds from a property, the transfer of interests in certain entities, and the allocation of liabilities and assets.
The reasoning of the court was based on the consent of the parties, as evidenced by the orders made. The orders stipulated that the proceeds of sale of the property would first cover selling and conveyancing expenses, followed by the discharge of a Westpac mortgage. The remaining balance was to be disbursed, with a specified sum and associated costs paid to the Wife's solicitors, and the ultimate balance to the Husband's solicitors. The Wife was also ordered to transfer her interests in M Pty Ltd and Batsman Family Trust to the Husband, and the Husband was to indemnify her against all liabilities arising from her former roles in these entities. Further orders clarified the exclusive entitlement to property in each party's possession, the retention of joint bank account monies by the Husband, the foregoing of claims to superannuation, and the severance of any joint tenancies. The court certified that the matter reasonably required the attendance of counsel for both parties and noted that the orders were intended to finally determine the financial relationship between them pursuant to section 81 of the *Family Law Act 1975*.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Remedies
-
Res Judicata
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0