Canvil and Merle and Ors (No. 2)

In *Canvil and Merle and Ors (No. 2)*, Hogan J of the Family Court of Australia was required to determine property settlement and related matters between Mr Canvil (the husband) and Ms Merle (the wife). The dispute also involved the disposition of a property held by Mr Canvil, which was declared to be held on a resulting trust for Mr E Canvil and Ms G Canvil.

The court was tasked with determining the beneficial ownership of various assets, including a property, personal property and effects, bank accounts, a medical practice, and superannuation entitlements, as between the husband and wife. Additionally, the court needed to make orders concerning the transfer of legal title to the property, the disposition of frozen embryos, and the potential for costs orders.

Hogan J applied principles of resulting trusts to declare that Mr Canvil held the property at Unit 1, X Street Suburb Y on a resulting trust for Mr E Canvil and Ms G Canvil from the date of its acquisition. The court then made orders dividing the remaining personal property and effects, bank accounts, and superannuation entitlements solely between the husband and wife, based on their respective names, possession, and control. The court also appointed Ms Merle as agent for Mr Canvil regarding decisions about the frozen embryos and issued an injunction restraining Mr Canvil from interfering with her instructions to the relevant service provider.

The court ordered the discharge of all previous property settlement orders and directed Mr Canvil to execute documents to transfer legal title of the specified property to Mr E Canvil and Ms G Canvil within twenty-eight days. Ms Merle was appointed as agent for Mr Canvil concerning the frozen embryos, and an injunction was granted to prevent Mr Canvil from obstructing her decisions. The court also provided a mechanism for the appointment of a Registrar to execute documents if a party defaulted on compliance with the orders, and outlined a process for any applications for costs. All other outstanding applications were dismissed.