Binett and Binett
Case
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[2018] FamCA 441
•15 June 2018
Details
AGLC
Case
Decision Date
Binett and Binett [2018] FamCA 441
[2018] FamCA 441
15 June 2018
CaseChat Overview and Summary
In the matter of *Binett and Binett*, Foster J made orders concerning the financial and property settlement between the husband and wife. The dispute involved the division of assets and the husband's future dealings with his property interests.
The court was required to determine the appropriate distribution of funds and property between the parties, including the immediate payment of a sum by the husband to the wife. Furthermore, the court needed to establish a mechanism for the sale of a specific property and to impose restrictions on the husband's ability to deal with his other real estate and corporate interests.
Foster J ordered the husband to pay $100,000 to the wife within seven days. The wife was appointed trustee for the sale of a property located at B Street, Suburb C, with the property vesting in her for this purpose. She was directed to obtain vacant possession and sell the property at the best price obtainable. The net proceeds of sale were to be applied first to pay off any secured liabilities, then $300,000 to the wife, with the remaining balance to be held in trust by her solicitors pending further order. The husband was restrained from dealing with, encumbering, assigning, or transferring his interests in any real estate or corporate entities he controlled without providing the wife with 28 days' written notice, including reasons for the proposed action. The wife was granted liberty to apply to the court on short notice in response to any such notice from the husband. The question of costs was reserved.
The court was required to determine the appropriate distribution of funds and property between the parties, including the immediate payment of a sum by the husband to the wife. Furthermore, the court needed to establish a mechanism for the sale of a specific property and to impose restrictions on the husband's ability to deal with his other real estate and corporate interests.
Foster J ordered the husband to pay $100,000 to the wife within seven days. The wife was appointed trustee for the sale of a property located at B Street, Suburb C, with the property vesting in her for this purpose. She was directed to obtain vacant possession and sell the property at the best price obtainable. The net proceeds of sale were to be applied first to pay off any secured liabilities, then $300,000 to the wife, with the remaining balance to be held in trust by her solicitors pending further order. The husband was restrained from dealing with, encumbering, assigning, or transferring his interests in any real estate or corporate entities he controlled without providing the wife with 28 days' written notice, including reasons for the proposed action. The wife was granted liberty to apply to the court on short notice in response to any such notice from the husband. The question of costs was reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Property Law
Legal Concepts
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Injunction
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Costs
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Remedies
Actions
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Citations
Binett and Binett [2018] FamCA 441
Most Recent Citation
Binett and Binett [2019] FamCA 723