Clifton & Aspen

The matter before the Federal Circuit and Family Court of Australia was an application by the wife, Ms Clifton, seeking orders in relation to a number of matters. The husband, Mr B Aspen, and his father, Mr C Aspen, opposed the application. The application concerned a trust, the D Trust, established by the husband's mother and the husband's father. The wife sought leave to reopen the evidence and plead a new course of action. The claim of sham was abandoned during the course of the hearing. The wife sought to set aside a disposition by K Pty Ltd, a company owned by the husband, of its equitable interest in some land to V1 Pty Ltd, a company in which the husband held a half share. The wife's application was based upon certain agreements and deeds. The wife argued that the agreements and deeds showed that K Pty Ltd had an interest in the land sufficient for it to become the registered proprietor. The Court found that the agreements and deeds did not necessarily lead to such an inference. The Court found that it was in the interests of justice for the wife to be given the opportunity to put the proposed claim forward. The opportunity to do so was limited. The wife was to proceed on the basis that she was unlikely to be granted any further indulgences in the running of this case. The matter was listed for further directions on 22 May 2023.