Frape-Lindstrom and Frape-Lindstrom (No. 3)
Case
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[2007] FamCA 1118
•10 September 2007
Details
AGLC
Case
Decision Date
Frape-Lindstrom and Frape-Lindstrom (No. 3) [2007] FamCA 1118
[2007] FamCA 1118
10 September 2007
CaseChat Overview and Summary
In the matter of Frape-Lindstrom and Frape-Lindstrom (No. 3), Guest J of the Family Court of Australia made orders concerning the division of property and financial resources between a husband and wife. The dispute centred on the equitable distribution of assets and the provision for the parties' two young sons.
The court was required to determine how the parties' financial interests, including funds held in a solicitor's control account and investments with Colonial First State, should be divided. Furthermore, the court needed to make arrangements for the administration of certain funds for the benefit of the elder and younger sons, born in 1999 and 2000 respectively. The court also had to consider the disposition of property in the possession of each party and claims relating to superannuation benefits.
Guest J ordered that the wife be paid the balance of funds from a National Australia Bank term deposit account held by solicitors on behalf of Frape-Lindstrom. The husband was also directed to transfer his interest in Management Investment Funds held by Colonial First State into the wife's sole name, with the wife to administer these funds for the benefit of the sons. In the event of the husband's non-compliance, a Registrar was appointed to execute the necessary documents. The orders further stipulated that each party would be solely entitled to property in their possession, forego claims to each other's superannuation, and retain the benefit of furniture and chattels in their possession. All extant applications were dismissed, and the proceedings were removed from the Active Pending Cases List.
The court was required to determine how the parties' financial interests, including funds held in a solicitor's control account and investments with Colonial First State, should be divided. Furthermore, the court needed to make arrangements for the administration of certain funds for the benefit of the elder and younger sons, born in 1999 and 2000 respectively. The court also had to consider the disposition of property in the possession of each party and claims relating to superannuation benefits.
Guest J ordered that the wife be paid the balance of funds from a National Australia Bank term deposit account held by solicitors on behalf of Frape-Lindstrom. The husband was also directed to transfer his interest in Management Investment Funds held by Colonial First State into the wife's sole name, with the wife to administer these funds for the benefit of the sons. In the event of the husband's non-compliance, a Registrar was appointed to execute the necessary documents. The orders further stipulated that each party would be solely entitled to property in their possession, forego claims to each other's superannuation, and retain the benefit of furniture and chattels in their possession. All extant applications were dismissed, and the proceedings were removed from the Active Pending Cases List.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Constructive Trust
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Fiduciary Duty
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Injunction
Actions
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