Garcia and Watson

Case

[2014] FCCA 1469

10 July 2014


Details
AGLC Case Decision Date
Garcia and Watson [2014] FCCA 1469 [2014] FCCA 1469 10 July 2014

CaseChat Overview and Summary

In the matter of *Garcia and Watson*, heard by Judge Neville, the dispute concerned the enforcement of previous court orders made on 9 December 2009 and 16 June 2010. The proceedings involved the distribution of funds held in trust by solicitors McNamara & Associates, and the allocation of costs and interest between the Husband and the Wife.

The court was required to determine how the funds held in trust, totalling $493,251.40, should be disbursed between the Husband and the Wife. Further, the court needed to address the Wife's costs in relation to the Husband's applications and the calculation and payment of interest on a specific sum to be paid to the Wife. The court also had to consider the disposition of all outstanding applications filed by the Husband.

Judge Neville ordered that the solicitors McNamara & Associates pay $140,084.70 to the Wife and $253,166.70 to the Husband from the trust account. The Husband was ordered to pay the Wife's costs of his applications, totalling $7,974.00, which were to be deducted from his share of the trust funds. Additionally, interest accrued on the $140,084.70 from 31 October 2013 to the date of payment, calculated according to the Family Law scale, was to be paid to the Wife from the Husband's entitlement. Finally, all outstanding applications filed by the Husband were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Appeal

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