GREEN & WALL

Case

[2015] FamCA 922

6 May 2015


Details
AGLC Case Decision Date
GREEN & WALL [2015] FamCA 922 [2015] FamCA 922 6 May 2015

CaseChat Overview and Summary

This matter came before Johns J concerning orders sought by the husband and wife regarding the division of their property. The dispute centred on the sale and distribution of proceeds from a US property, a German motor vehicle, and the husband's interests in a company holding shares and an aircraft.

The court was required to determine the terms of the sale of the US property, including the appointment of a selling agent, the minimum sale price, and the process for agreeing to offers. It also needed to establish the order of disbursement of the sale proceeds, specifically addressing sale costs, a Wells Fargo loan, and potential tax liabilities. Further issues included the husband's obligations regarding his shares in G LLC and an aircraft owned by the company, and the sale of a German motor vehicle registered in the wife's name.

The orders were made by consent. The court directed the husband and wife to jointly sell the US property, with specific provisions for the selling agent, sale price, and communication with the agent. Proceeds were to be applied first to sale costs, then to discharge a Wells Fargo loan, and finally to cover any tax consequences. The husband was also ordered to provide 30 days' written notice before encumbering or alienating his shares in G LLC or the company's aircraft. The German motor vehicle was to be sold, with proceeds applied to sale costs, finance liabilities, and the balance paid to the husband as partial property settlement. The wife's amended Application in a Case and the husband's Response were dismissed. The wife was ordered to remove the Lis Pendens upon settlement of the US property sale, and the remaining balance of sale proceeds was to be held in a joint interest-bearing trust account pending agreement or further court order.
Details

Areas of Law

  • Family Law

  • Property Law

  • Contract Law

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Offer and Acceptance

  • Breach

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