Cartwright and Manzetto

Case

[2013] FamCA 1015

20 December 2013


Details
AGLC Case Decision Date
Cartwright and Manzetto [2013] FamCA 1015 [2013] FamCA 1015 20 December 2013

CaseChat Overview and Summary

In the matter of *Cartwright and Manzetto*, Justice Hogan of the Family Court of Australia made interim orders concerning the proceeds from the sale of interests in C Group. The applicant, acting as trustee, was to receive these proceeds into her solicitors' trust account. The dispute involved the distribution of these funds and the valuation of certain trust interests.

The court was required to determine how the proceeds from the sale of interests in C Group should be handled, including the payment of outstanding debts and specific sums to the applicant and respondent. Further issues included the categorisation of these payments, the ongoing duty of disclosure between the parties, and the valuation of the respondent's interests in C Group by a single expert. The court also had to consider the dismissal of certain filed applications.

Justice Hogan ordered that the proceeds from the sale be paid into the applicant's solicitors' trust account. From these proceeds, the applicant was directed to pay the debt owed to D Accountants, pay herself $300,000, and pay $50,000 to the respondent's solicitor's trust account. The categorisation of these payments was reserved for the trial judge. The parties were ordered to comply with disclosure obligations under the Family Law Rules 2004. The respondent was permitted to request a valuation of his trust interests in C Group as at 27 November 2002, with the costs of this valuation to be separately accounted for. The Amended Application in a Case filed 17 September 2013 and the Further Amended Response to an Application in a Case filed 14 October 2013 were dismissed, save as otherwise provided.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Expert Evidence

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Boyd & Logan [2024] FedCFamC2F 1716
Cases Cited

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Statutory Material Cited

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