Chilwell and Lycett

Case

[2008] FamCA 1049

3 December 2008


Details
AGLC Case Decision Date
Chilwell and Lycett [2008] FamCA 1049 [2008] FamCA 1049 3 December 2008

CaseChat Overview and Summary

In the matter of *Chilwell and Lycett*, Judicial Registrar Johnston considered orders to be made between a husband and wife. The dispute concerned the division of property and liabilities upon the dissolution of their marriage.

The court was required to determine the appropriate financial orders to be made, including the payment of a lump sum by the husband to the wife, the indemnification of the wife by the husband in relation to specific liabilities, and the allocation of ownership of assets. The court also had to consider the timing of the commencement of these orders.

Judicial Registrar Johnston ordered that the husband pay the wife a sum of $145,383 within 42 days. Furthermore, the husband was ordered to indemnify the wife against any present or future liability to F Mortgage Insurance Pty Limited and to be solely responsible for all monies due to that entity. The husband was also to indemnify the wife against all claims arising from her involvement as a shareholder and/or director of several named companies and a unit trust. The orders stipulated that each party would be the sole legal and beneficial owner of assets in their possession, and that the orders would take effect from 19 December 2008, with leave granted for parties to re-list for submissions on the form of orders until 18 December 2008.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Injunction

  • Fiduciary Duty

  • Costs

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