Bennett and Bennett

Case

[2019] FamCA 392

20 June 2019


Details
AGLC Case Decision Date
Bennett and Bennett [2019] FamCA 392 [2019] FamCA 392 20 June 2019

CaseChat Overview and Summary

In the matter of *Bennett and Bennett*, Henderson J of the Family Court of Australia considered a dispute between a husband and wife concerning the distribution of assets and disclosure obligations. The primary focus of the proceedings was the sale of a customer list belonging to a business known as E Pty Ltd and the subsequent allocation of the net proceeds.

The court was required to determine the method of sale for the customer list, the priority of payments from the sale proceeds and other trust accounts, and to make orders regarding interim property distributions and the payment of legal fees. Additionally, the court addressed the husband's claim to a significant debt within the E Pty Ltd company accounts and ordered specific disclosure of documents by both parties.

Henderson J ordered the sale of the customer list as agreed by the parties. The net proceeds, along with monies from trust accounts, were to be distributed in a specific order: interim property distributions to the husband and wife, payment of the husband's criminal appeal legal fees, and satisfaction of all arrears of child support owed to the wife. The husband was restrained from taking steps to have the alleged debt within E Pty Ltd paid to him upon the sale. The remaining balance was to be applied towards a debt owed to Mr V. The court also mandated the disclosure of outstanding documents by both parties within 28 days.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Discovery

  • Injunction

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