Faigle & Wadell
Case
•
[2021] FCCA 2177
•24 August 2021
Details
AGLC
Case
Decision Date
Faigle & Wadell [2021] FCCA 2177
[2021] FCCA 2177
24 August 2021
CaseChat Overview and Summary
In the matter of *Faigle & Wadell*, heard by Judge Jarrett, the applicant, Ms Faigle, and the respondent, Mr Wadell, sought orders concerning property adjustment and a partial property settlement. The dispute involved the division of assets, including shares in a company, interests in a family trust, proceeds from the sale of firearms, and real property.
The court was required to determine the terms of a partial property settlement and to make orders to give effect to these terms. Specifically, the court needed to address the transfer of shares, the appointment and resignation of company directors and secretaries, and the transfer of the role of appointer of a family trust. Furthermore, the court had to consider the sale of real property and the distribution of proceeds from the sale of firearms, as well as the terms of an injunction to restrain dealings with company shares and trust assets.
Judge Jarrett made orders for a partial property settlement, requiring the applicant to transfer her shares in B Pty Ltd to the respondent and to resign as director and secretary of the company, with the respondent to be appointed in her place. The applicant was also ordered to resign as appointer of the C Family Trust, with the respondent to be appointed. To ensure compliance, section 106A of the *Family Law Act 1975* was invoked, empowering a Registrar to sign documents on behalf of the applicant if she failed to do so. An injunction was also granted, restraining the respondent from dealing with his shares in B Pty Ltd and the assets of the D Trust, except in the usual course of business. The parties were ordered to take steps to sell specified firearms and real property, with specific provisions for the sale price of the real property and the appointment of a Registrar to sign sale contracts in the event of default. Directions were also made regarding the filing of written submissions on costs.
The court was required to determine the terms of a partial property settlement and to make orders to give effect to these terms. Specifically, the court needed to address the transfer of shares, the appointment and resignation of company directors and secretaries, and the transfer of the role of appointer of a family trust. Furthermore, the court had to consider the sale of real property and the distribution of proceeds from the sale of firearms, as well as the terms of an injunction to restrain dealings with company shares and trust assets.
Judge Jarrett made orders for a partial property settlement, requiring the applicant to transfer her shares in B Pty Ltd to the respondent and to resign as director and secretary of the company, with the respondent to be appointed in her place. The applicant was also ordered to resign as appointer of the C Family Trust, with the respondent to be appointed. To ensure compliance, section 106A of the *Family Law Act 1975* was invoked, empowering a Registrar to sign documents on behalf of the applicant if she failed to do so. An injunction was also granted, restraining the respondent from dealing with his shares in B Pty Ltd and the assets of the D Trust, except in the usual course of business. The parties were ordered to take steps to sell specified firearms and real property, with specific provisions for the sale price of the real property and the appointment of a Registrar to sign sale contracts in the event of default. Directions were also made regarding the filing of written submissions on costs.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Equity & Trusts
-
Commercial Law
Legal Concepts
-
Injunction
-
Costs
-
Remedies
-
Procedural Fairness
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
Faigle & Wadell [2021] FCCA 2177
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0