Finton and Finton

Case

[2011] FamCA 384

27 May 2011


Details
AGLC Case Decision Date
Finton and Finton [2011] FamCA 384 [2011] FamCA 384 27 May 2011

CaseChat Overview and Summary

In the matter of *Finton and Finton*, Le Poer Trench J considered a dispute between a husband and wife concerning financial matters. The proceedings concluded with the court making orders regarding the division of property and the payment of a sum by the husband to the wife.

The court was required to determine the appropriate financial orders to be made between the parties, including the quantum of any payment to be made by the husband to the wife, the timeframe for such payment, and the consequences of non-compliance. Additionally, the court considered the need for interim orders to preserve assets pending the satisfaction of the financial obligations.

Le Poer Trench J ordered the husband to pay a specific sum to the wife by a set date, with provision for interest on any unpaid portion thereafter. The court also granted the wife leave to apply for enforcement orders, including the sale of assets, should the husband fail to meet the payment deadline. To safeguard the wife's interests, the court imposed injunctions preventing the husband from selling or encumbering his real estate, business interests, or other assets without the wife's written consent or for the purpose of satisfying the ordered payment. These injunctions were carefully crafted to allow the husband to continue trading his businesses, including the sale and purchase of livestock. The court noted that all outstanding applications, save for costs, were dismissed as the matter had concluded.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Consent

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

NHC & RCH [2005] FamCA 334
Blanks & Blanks [2006] FamCA 354