Cabot and Cabot
Case
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[2019] FamCA 636
•10 September 2019
Details
AGLC
Case
Decision Date
Cabot and Cabot [2019] FamCA 636
[2019] FamCA 636
10 September 2019
CaseChat Overview and Summary
In the matter of *Cabot and Cabot*, McClelland DCJ of the Federal Circuit Court of Australia made orders concerning a property settlement between the wife and the husband. The dispute involved the division of marital assets and the wife's access to financial information.
The court was required to determine the appropriate partial property distribution to the wife and the mechanism for its payment. Additionally, the court needed to address the wife's ability to seek further information from a joint expert and the disclosure of financial documents held by various entities controlled by the husband.
McClelland DCJ ordered a partial property distribution of $200,000 to the wife, to be facilitated by the husband through a drawdown or further loan on a mortgage secured over the Suburb A property. The husband was directed to provide all necessary assistance and documentation for the wife's loan application. The court also extended the time for the wife to ask questions of a joint expert, with the wife to bear the reasonable costs. Furthermore, the husband was ordered to use his best endeavours to provide copies of bank statements for several specified companies and trusts to the wife's legal representatives. The parties were also required to exchange letters detailing any asserted non-disclosed documents, with subsequent disclosure or objection letters to follow.
The court was required to determine the appropriate partial property distribution to the wife and the mechanism for its payment. Additionally, the court needed to address the wife's ability to seek further information from a joint expert and the disclosure of financial documents held by various entities controlled by the husband.
McClelland DCJ ordered a partial property distribution of $200,000 to the wife, to be facilitated by the husband through a drawdown or further loan on a mortgage secured over the Suburb A property. The husband was directed to provide all necessary assistance and documentation for the wife's loan application. The court also extended the time for the wife to ask questions of a joint expert, with the wife to bear the reasonable costs. Furthermore, the husband was ordered to use his best endeavours to provide copies of bank statements for several specified companies and trusts to the wife's legal representatives. The parties were also required to exchange letters detailing any asserted non-disclosed documents, with subsequent disclosure or objection letters to follow.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Remedies
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Procedural Fairness
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Citations
Cabot and Cabot [2019] FamCA 636
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
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[2016] HCA 23
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[2016] HCA 23
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[2004] HCA 6