Danford and Danford

Case

[2010] FamCA 420

31 May 2010


Details
AGLC Case Decision Date
Danford and Danford [2010] FamCA 420 [2010] FamCA 420 31 May 2010

CaseChat Overview and Summary

This matter concerned orders made by Justice Rose in the Family Court of Australia concerning the property settlement between a husband and wife. The dispute revolved around the division of various assets, including the matrimonial home, company shareholdings, superannuation entitlements, bank accounts, and personal property.

The court was required to determine the specific terms of the property settlement, including the transfer of ownership of the matrimonial home, the division of joint bank accounts, the transfer of shareholdings in AD Pty Ltd and S Pty Ltd (the trustee for the AD Superannuation Fund), and the distribution of motor vehicles and other personalty. The court also had to address the ongoing liabilities for the matrimonial home and the mechanism for enforcing the agreed orders.

Justice Rose made orders by consent of the parties, reflecting an agreement on how their assets and liabilities were to be divided. These orders included the husband transferring his interest in the matrimonial home and certain company shares to the wife, while the wife would transfer a motor vehicle to the husband. The orders also stipulated the division of joint bank accounts, the husband's resignation from company offices, and the transfer of his superannuation entitlements. The court further appointed the Registrar of the Family Court as an officer to execute documents if either party failed to do so, pursuant to section 106A of the relevant legislation.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Constructive Trust

  • Remedies

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Williams v Williams [1985] HCA 52
K & K [2004] FamCA 360