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.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Commercial Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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