Charonne & Charonne

Case

[2009] FamCA 487

25 May 2009


Details
AGLC Case Decision Date
Charonne & Charonne [2009] FamCA 487 [2009] FamCA 487 25 May 2009

CaseChat Overview and Summary

This matter concerned orders made by consent between a husband and wife in family law proceedings. The dispute involved the disclosure of financial documents, the sale of a property, and various restraining orders concerning the parties' interests in property and trusts.

The court was required to determine the terms of consent orders relating to the husband's disclosure obligations, the occupation and sale of a property known as H property, and the application of sale proceeds. Further issues included the husband's obligations to provide authorities to banks for account information, disclosure of documents relating to a WorkCover insurance invoice, and the provision of translated documents concerning a Japanese property valuation. The court also addressed restraining orders preventing the dissipation of assets and the management of trusts, as well as orders concerning the discharge of a mortgage and the investment of settlement monies.

The court made orders by consent, reflecting the agreement of the parties on a range of financial and property matters. These included specific directions for the husband to provide various tax returns, trust financial statements, and bank account information to the wife's solicitors. The court also ordered the sale of H property with a reserved price, appointed joint selling agents, and detailed the process for handling offers and sale documents. Crucially, the husband was restrained from dealing with various assets and interests in companies and trusts, with specific exceptions for reasonable living expenses and other specified payments.

The court further ordered that the wife execute a discharge of mortgage subject to certain conditions regarding the superannuation fund and the investment of settlement monies. The matter was adjourned for trial, with directions for a contravention application, referral to the Child Responsive Program, and listing for trial in November 2009. The court certified that the matter reasonably required the attendance of counsel and noted that prior orders remained in full force.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Consent

  • Discovery

  • Injunction

  • Procedural Fairness

  • Remedies

  • Res Judicata

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