Carney and Carney (No.2)
Case
•
[2019] FCCA 1275
•16 May 2019
Details
AGLC
Case
Decision Date
Carney and Carney (No.2) [2019] FCCA 1275
[2019] FCCA 1275
16 May 2019
CaseChat Overview and Summary
In *Carney and Carney (No.2)*, the Family Court of Australia considered a dispute between a husband and wife concerning the division of their property. The primary issue before the court was the final determination of the parties' respective beneficial interests in their matrimonial assets, particularly in light of a previous interlocutory order.
The court was required to determine the extent to which the parties were entitled to the proceeds of sale of a property located at Street A, Suburb B NSW, and to clarify the beneficial ownership of other items of property in the possession or control of each party. The court also needed to address the matter of costs.
Judge Costigan ordered that the respondent pay the applicant the sum of $415,283 from the proceeds of sale of the specified property within 21 days. Furthermore, the court declared that, subject to this payment, each party was to be the sole beneficial owner of all property currently in their possession or under their control. The proceedings were adjourned to a later date to consider the issue of costs.
The court was required to determine the extent to which the parties were entitled to the proceeds of sale of a property located at Street A, Suburb B NSW, and to clarify the beneficial ownership of other items of property in the possession or control of each party. The court also needed to address the matter of costs.
Judge Costigan ordered that the respondent pay the applicant the sum of $415,283 from the proceeds of sale of the specified property within 21 days. Furthermore, the court declared that, subject to this payment, each party was to be the sole beneficial owner of all property currently in their possession or under their control. The proceedings were adjourned to a later date to consider the issue of costs.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Equity & Trusts
Legal Concepts
-
Costs
-
Remedies
-
Constructive Trust
Actions
Download as PDF
Download as Word Document
Most Recent Citation
NORRIS & DENIS [2019] FCCA 2653
Cases Cited
4
Statutory Material Cited
5
Tarrant v Statewide Secured Investments Pty Ltd
[2012] FCA 582
Singer v Berghouse
[1994] HCA 40
Singer v Berghouse
[1994] HCA 40