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.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Constructive Trust

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Most Recent Citation
NORRIS & DENIS [2019] FCCA 2653

Cases Citing This Decision

1

NORRIS & DENIS [2019] FCCA 2653
Cases Cited

4

Statutory Material Cited

5

Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40