Grange and Grange and Ors

In the matter of *Grange and Grange and Ors*, Kent J of the Family Court of Australia considered a dispute concerning the distribution of funds arising from the sale of a sales permit. The primary parties involved were Mr Grange (the husband) and Ms Grange (the wife), with a third respondent acting as a bare trustee in relation to the sale proceeds. The core of the dispute revolved around the beneficial ownership of a significant portion of the funds received by the third respondent from the sale of Sales Permit No. …

The court was required to determine whether a substantial amount of the proceeds from the sale of the sales permit was held by the third respondent as a bare trustee for the parties. Following this determination, the court needed to make orders for the distribution of these funds as part of a property settlement between the husband and wife, and to address the ongoing effect of an injunction previously granted by the court.

Kent J declared that $1,024,600 of the $1,129,060 received by the third respondent was held as bare trustee for both Mr and Ms Grange. Consequently, the court ordered the third respondent to pay this sum to the solicitors for the wife within thirty days, to be held on trust for the parties. As a property settlement, the court ordered that the trust fund be divided equally between the husband and wife, with each party receiving $512,300. The orders also stipulated that each party would retain their existing property and chattels, be solely liable for any encumbrances on their respective entitlements, and that the previously granted injunction would be varied only to facilitate compliance with these orders, remaining in full force otherwise. The court further provided for the appointment of a Registrar to execute documents if a party failed to do so.