Fernie and Mercer

Case

[2014] FCCA 1502

17 July 2014


Details
AGLC Case Decision Date
Fernie and Mercer [2014] FCCA 1502 [2014] FCCA 1502 17 July 2014

CaseChat Overview and Summary

In the matter of *Fernie and Mercer*, heard before Judge Scarlett, the dispute concerned the distribution of funds held in a controlled moneys account. These funds represented the net proceeds from the sale of the parties' former home. The court was tasked with determining how these proceeds should be allocated between the parties.

The central legal issue before the court was the appropriate division of the net proceeds of sale. Specifically, the court had to decide whether to order the release of a portion of these funds to the Respondent.

Judge Scarlett ordered that $25,000.00 be released from the controlled moneys account to the Respondent, to be paid by bank cheque to the Respondent's solicitors, JNT Legal. Furthermore, an additional sum of $1,650.00 was to be released from the same account, also by bank cheque, payable to the Legal Aid Fund and forwarded to the Respondent's solicitors. The Respondent's solicitors were then directed to promptly send this $1,650.00 bank cheque to Legal Aid New South Wales.
Details

Areas of Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Costs

  • Remedies

  • Injunction

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