Dittmar and Dittmar
Case
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[2018] FamCA 1021
•22 June 2018
Details
AGLC
Case
Decision Date
Dittmar and Dittmar [2018] FamCA 1021
[2018] FamCA 1021
22 June 2018
CaseChat Overview and Summary
In the matter of *Dittmar and Dittmar*, Justice Le Poer Trench of the Family Court of Australia made orders concerning the interim property distribution between the husband and wife. The dispute centred on the management and distribution of funds from the D Trust, which was a significant asset in the context of the parties' separation.
The court was required to determine the terms of interim financial relief for both parties, including the distribution of capital and income from the D Trust. Key issues included the payment of taxation liabilities arising from distributions, the provision of funds for accountancy services, and ongoing monthly payments to each party. The court also considered the payment of legal costs related to a separation deed and made provision for the financial support of the parties' son.
Justice Le Poer Trench ordered that the husband cause payments of $200,000 from the D Trust to be made to both himself and the wife by way of interim property distribution. Further orders stipulated that the husband was to facilitate payments from the D Trust to meet taxation invoices or assessments for himself and the wife, subject to the wife's consent not being unreasonably withheld. The husband was also directed to ensure payments from the D Trust for the wife's and any child beneficiary's tax liabilities arising from distributions with unpaid present entitlements, and for accountancy services for tax returns for the 2017 and 2018 tax years. Monthly payments of $9,139 to the wife and $15,700 to the husband from the D Trust were also ordered, along with the payment of the husband's legal costs up to $15,000 for settling a separation deed. The court also noted an agreement for the parties' son to receive $250 per week from the D Trust until he becomes eligible for a Centrelink benefit. The matter was listed for further hearing should mediation in February 2018 not resolve the dispute.
The court was required to determine the terms of interim financial relief for both parties, including the distribution of capital and income from the D Trust. Key issues included the payment of taxation liabilities arising from distributions, the provision of funds for accountancy services, and ongoing monthly payments to each party. The court also considered the payment of legal costs related to a separation deed and made provision for the financial support of the parties' son.
Justice Le Poer Trench ordered that the husband cause payments of $200,000 from the D Trust to be made to both himself and the wife by way of interim property distribution. Further orders stipulated that the husband was to facilitate payments from the D Trust to meet taxation invoices or assessments for himself and the wife, subject to the wife's consent not being unreasonably withheld. The husband was also directed to ensure payments from the D Trust for the wife's and any child beneficiary's tax liabilities arising from distributions with unpaid present entitlements, and for accountancy services for tax returns for the 2017 and 2018 tax years. Monthly payments of $9,139 to the wife and $15,700 to the husband from the D Trust were also ordered, along with the payment of the husband's legal costs up to $15,000 for settling a separation deed. The court also noted an agreement for the parties' son to receive $250 per week from the D Trust until he becomes eligible for a Centrelink benefit. The matter was listed for further hearing should mediation in February 2018 not resolve the dispute.
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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Consent
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Costs
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Remedies
Actions
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Citations
Dittmar and Dittmar [2018] FamCA 1021
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Statutory Material Cited
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