Coopers and Coopers & Anor

Case

[2013] FamCA 924

29 November 2013


Details
AGLC Case Decision Date
Coopers and Coopers & Anor [2013] FamCA 924 [2013] FamCA 924 29 November 2013

CaseChat Overview and Summary

In the Family Court of Australia, Dawe J considered an application by the wife for an interim property distribution under sections 79 and 80(1)(h) of the *Family Law Act 1975* (Cth). The proceedings also involved an application by the husband's son, Mr. J Coopers, for leave to be joined as a party to the proceedings, claiming an equitable interest in certain real estate within the matrimonial asset pool.

The court was required to determine the terms of an interim property distribution and whether to grant leave for Mr. J Coopers and Z Pty Ltd to intervene in the proceedings. The court also needed to address the valuation of various assets, the provision of financial documentation, and the completion of outstanding tax returns and financial statements for several entities.

The court made orders by consent regarding the valuation of the husband's interest in a business and several properties, as well as other specified properties and a boat, to be conducted by single experts at the joint expense of the parties. The husband was ordered to provide formal discovery of various financial documents, including personal and company tax returns, financial statements, bank account statements, and documents relating to investments and asset disposals. Crucially, the husband was ordered to pay the wife the sum of $150,000 as a partial property settlement. The court also directed the husband to ensure the completion of outstanding tax returns and financial statements for himself and various associated entities. Leave was granted for Mr. J Coopers and Z Pty Ltd to intervene in the proceedings, and certain prior responses and replies concerning Mr. J Coopers' application were dismissed. The costs of Mr. J Coopers' application and the proceedings thus far were reserved to the final hearing.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Injunction

  • Discovery

  • Costs

  • Consent

  • Standing

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

3

Bergman & Bergman [2008] FamCAFC 207
Finazzi & Finazzi [2012] FamCA 102
Kyriakos & Kyriakos [2013] FamCAFC 22