Don Collinzo and Don Collinzo
Case
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[2012] FamCA 352
•17 May 2012
Details
AGLC
Case
Decision Date
Don Collinzo and Don Collinzo [2012] FamCA 352
[2012] FamCA 352
17 May 2012
CaseChat Overview and Summary
The case of *Don Collinzo and Don Collinzo* concerned a dispute between a husband and wife regarding the division of their property. The matter was heard by Forrest J.
The court was required to determine the terms of the property settlement between the parties. This involved deciding the disposition of various real estate properties, including a property at R Street, Suburb P, a property at W Street, Town K, and a property at B Street, Town A. The court also had to address the division of personal chattels, furniture, motor vehicles, shares, bank accounts, and superannuation interests. Furthermore, the court needed to consider the allocation of existing debts and liabilities secured by mortgages over the properties, as well as the payment of a significant sum of money from the husband to the wife.
Forrest J made detailed orders to effectuate the property settlement. The husband was ordered to transfer his interest in the Suburb P property to the wife, who was then to refinance the associated mortgage and indemnify the husband against further liability. The husband was also ordered to pay a sum of $611,135 to the wife within two months. In the event of default in this payment, specific provisions were made for the sale of the husband's properties at C Street, Suburb C, and E Street, Suburb F, with the proceeds to be applied towards satisfying the debt owed to the wife. The orders also stipulated the division of various other assets and liabilities, including the wife retaining the Town K and Town A properties, her shares, bank accounts, motor vehicle, and superannuation interests. The husband was to retain his remaining assets, and both parties were to indemnify each other against liabilities in their respective names, save as otherwise provided. The court also appointed the Registrar to execute documents on behalf of a defaulting party and addressed the discharge of spousal maintenance obligations.
The court was required to determine the terms of the property settlement between the parties. This involved deciding the disposition of various real estate properties, including a property at R Street, Suburb P, a property at W Street, Town K, and a property at B Street, Town A. The court also had to address the division of personal chattels, furniture, motor vehicles, shares, bank accounts, and superannuation interests. Furthermore, the court needed to consider the allocation of existing debts and liabilities secured by mortgages over the properties, as well as the payment of a significant sum of money from the husband to the wife.
Forrest J made detailed orders to effectuate the property settlement. The husband was ordered to transfer his interest in the Suburb P property to the wife, who was then to refinance the associated mortgage and indemnify the husband against further liability. The husband was also ordered to pay a sum of $611,135 to the wife within two months. In the event of default in this payment, specific provisions were made for the sale of the husband's properties at C Street, Suburb C, and E Street, Suburb F, with the proceeds to be applied towards satisfying the debt owed to the wife. The orders also stipulated the division of various other assets and liabilities, including the wife retaining the Town K and Town A properties, her shares, bank accounts, motor vehicle, and superannuation interests. The husband was to retain his remaining assets, and both parties were to indemnify each other against liabilities in their respective names, save as otherwise provided. The court also appointed the Registrar to execute documents on behalf of a defaulting party and addressed the discharge of spousal maintenance obligations.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Injunction
Actions
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Most Recent Citation
BAUDIN & ROSE
[2012] FamCA 724
Cases Cited
0
Statutory Material Cited
1