Cheung and Cheung and Ors

This matter came before Jordan J in the Family Court of Australia concerning financial orders sought by the Wife against the Husband and other respondents. The dispute involved the division of assets and the provision of financial support, with particular focus on funds held in trust and the sale of properties located in Taiwan.

The court was required to determine several key issues. These included the immediate release of trust funds held by Rudkin Hitchcock Lawyers to Jones Mitchell Lawyers, and the liberty of Jones Mitchell Lawyers to discharge specific debts of the Wife and make weekly payments towards her support. Furthermore, the court needed to address the classification of these payments, specifically whether they should be treated as maintenance or a distribution of property. The court also had to make orders regarding the sale of properties at P Road and K Road in Taiwan, including the appointment of a power of attorney and trustee for sale, and the distribution of sale proceeds. Finally, the court considered provisions for the execution of documents by a Registrar in the event of the Husband's failure to comply.

His Honour applied principles relating to the Family Law Act 1975, including section 106A which allows for the appointment of a Registrar to execute documents on behalf of a party. The court's reasoning focused on ensuring the immediate and orderly progression of the financial settlement. This involved directing the release of funds, authorising payments for debts and spousal support, and establishing a clear process for the sale of overseas properties and the distribution of proceeds. The court also reserved the question of whether certain payments constituted maintenance or property distribution, indicating this would be determined at a later stage.

The court made extensive orders, including the immediate transfer of funds, liberty to pay specific debts and weekly support to the Wife, and directions for the sale of Taiwanese properties. It also appointed a power of attorney and trustee for sale, and outlined the priority of payments from the sale proceeds. Provisions were made for the execution of documents by a Registrar if the Husband failed to comply, and the costs of the proceedings were reserved.