Elgin and Elgin

The case of *Elgin and Elgin* concerned a dispute between a husband and wife regarding the division of their matrimonial assets. The proceedings were heard by Forrest J.

The court was required to determine the appropriate orders for the division of property and the settlement of financial claims between the parties. This involved the transfer of various real estate properties, a significant monetary payment, and the division of shareholdings in several companies and entitlements under trusts.

Forrest J ordered the husband to pay the wife a sum of $15,432,457 and to transfer to her his interests in three specific properties: Apartment A, C Street, Melbourne; Apartment D, E Street, Gold Coast; and Apartment G, E Street, Gold Coast. The wife was to indemnify the husband for all outgoings associated with these properties. Contemporaneously with the payment, the wife was to transfer her shareholdings in specified entities to the husband and resign as an office holder. The husband was to indemnify the wife for liabilities arising from the orders, excluding those related to the transferred properties, and from her involvement in the entities or trusts. The husband was also restrained from attempting to recover monies from the wife or H Pty Ltd and was ordered to relinquish control of the J Elgin Family Trust to his son. Each party was to retain exclusive ownership of property and choses in action in their own name, save as otherwise provided.