Field and Field

Case

[2008] FamCA 716

1 August 2008


Details
AGLC Case Decision Date
Field and Field [2008] FamCA 716 [2008] FamCA 716 1 August 2008

CaseChat Overview and Summary

In the matter of *Field and Field*, Justice Le Poer Trench made orders concerning the division of property between a husband and wife. The dispute involved the distribution of various assets, including real estate, a vehicle, shares, and household contents.

The court was required to determine the specific terms of the property settlement, including the payment of a sum of money by the wife to the husband, the potential sale of a property known as "E property" and the division of its proceeds, the division of the contents of "E property", the transfer of interests in "E property" and "F property", the transfer of a Toyota Townace Van, and the transfer of Telstra shares. The court also needed to clarify the sole ownership of chattels, goods, furnishings, shares, debentures, and superannuation held by each party.

Justice Le Poer Trench ordered that the wife pay a specific sum to the husband within six months. In default of this payment, the wife was to facilitate the sale of "E property" at an agreed price and through an agreed agent, with the proceeds to be distributed after expenses, rates, taxes, and charges, with a specific percentage allocation to each party. The court also detailed a process for the equal division of the contents of "E property", including inventory, dispute resolution, and a selection mechanism for the parties. Further orders mandated the wife to transfer her interest in "F property" and her shares in Telstra to the husband, and for both parties to transfer their interest in the Toyota Townace Van to the husband. Each party was otherwise declared to have sole title to property in their possession and in their sole name. Leave was granted for either party to apply for further orders to implement these decisions.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Injunction

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

C & C [2005] FamCA 429
Chorn & Hopkins [2004] FamCA 633