COWDEN & COWDEN
Case
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[2019] FamCA 307
•15 May 2019
Details
AGLC
Case
Decision Date
COWDEN & COWDEN [2019] FamCA 307
[2019] FamCA 307
15 May 2019
CaseChat Overview and Summary
In the matter of *Cowden & Cowden*, Berman J considered applications by the wife for interim property distribution and spousal maintenance. The parties were unable to agree on the valuation of their various assets, including real estate and business interests, which was a significant impediment to reaching a resolution.
The court was required to determine the appropriate interim financial orders, including the distribution of funds, the sale of specific property, the provision of interim spousal maintenance, and the necessary steps to obtain valuations of the parties' assets and business interests. The court also had to consider the practical steps required to facilitate these valuations and the ultimate sale of property.
Berman J ordered the husband to pay the wife $80,000 within 21 days, and to facilitate the finalisation of the parties' 2018 financial statements. The parties were also ordered to list the B Road property for sale, with specific timelines for agreeing on sale terms or seeking court determination. Interim spousal maintenance of $1,100 per week was ordered, ceasing upon the wife receiving her superannuation entitlement. The court further directed the joint appointment of valuers for various properties and a single expert accountant for the business interests, with the husband to bear the initial costs of these valuations, subject to reimbursement by the wife. Finally, the husband was ordered to provide copies of specific court documents to the parties' adult children.
The court was required to determine the appropriate interim financial orders, including the distribution of funds, the sale of specific property, the provision of interim spousal maintenance, and the necessary steps to obtain valuations of the parties' assets and business interests. The court also had to consider the practical steps required to facilitate these valuations and the ultimate sale of property.
Berman J ordered the husband to pay the wife $80,000 within 21 days, and to facilitate the finalisation of the parties' 2018 financial statements. The parties were also ordered to list the B Road property for sale, with specific timelines for agreeing on sale terms or seeking court determination. Interim spousal maintenance of $1,100 per week was ordered, ceasing upon the wife receiving her superannuation entitlement. The court further directed the joint appointment of valuers for various properties and a single expert accountant for the business interests, with the husband to bear the initial costs of these valuations, subject to reimbursement by the wife. Finally, the husband was ordered to provide copies of specific court documents to the parties' adult children.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Costs
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Remedies
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Citations
COWDEN & COWDEN [2019] FamCA 307
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Singer v Berghouse
[1994] HCA 40
Singer v Berghouse
[1994] HCA 40
Hall v Hall
[2016] HCA 23