Gull and Gull
Case
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[2012] FamCA 334
•1 May 2012
Details
AGLC
Case
Decision Date
Gull and Gull [2012] FamCA 334
[2012] FamCA 334
1 May 2012
CaseChat Overview and Summary
In *Gull and Gull*, heard before Cronin J, the parties were engaged in family law proceedings concerning property settlement. The dispute involved an application filed in January 2011, which had been amended. The court was required to make orders regarding the adjournment of the further hearing, the filing and service of amended applications and responses, and the provision of further affidavit material.
The court was also tasked with determining issues relating to the withdrawal of a caveat lodged by the wife over a property, the wife's completion of prior obligations, and the interim distribution of funds held in trust. Furthermore, the court needed to address the wife's tax return obligations and consider whether to restrain her from repatriating funds from Australian bank accounts. Finally, the court was asked to discharge a previous order and notify the Australian Federal Police.
By consent, the court adjourned the further hearing of the application to 30 May 2012. Orders were made for the husband to file and serve an amended application by 9 May 2012, and for the wife to file and serve any response and further affidavit material by 25 May 2012. The wife was ordered to sign documents and take all necessary steps to withdraw a caveat lodged in respect of a property at M Street, Suburb B, Victoria, and to complete her obligations pursuant to prior orders made on 19 March 2008. An interim distribution of $300,000 from funds held in trust was ordered, with $122,953.85 allocated to the husband and $177,046.15 to the wife. The wife was restrained from repatriating funds from her Australian bank accounts until she filed her tax returns for the period 1 July 2000 to 30 June 2011. A previous order was discharged, and the Australian Federal Police were to be advised accordingly. Liberty to apply and the question of costs were reserved.
The court was also tasked with determining issues relating to the withdrawal of a caveat lodged by the wife over a property, the wife's completion of prior obligations, and the interim distribution of funds held in trust. Furthermore, the court needed to address the wife's tax return obligations and consider whether to restrain her from repatriating funds from Australian bank accounts. Finally, the court was asked to discharge a previous order and notify the Australian Federal Police.
By consent, the court adjourned the further hearing of the application to 30 May 2012. Orders were made for the husband to file and serve an amended application by 9 May 2012, and for the wife to file and serve any response and further affidavit material by 25 May 2012. The wife was ordered to sign documents and take all necessary steps to withdraw a caveat lodged in respect of a property at M Street, Suburb B, Victoria, and to complete her obligations pursuant to prior orders made on 19 March 2008. An interim distribution of $300,000 from funds held in trust was ordered, with $122,953.85 allocated to the husband and $177,046.15 to the wife. The wife was restrained from repatriating funds from her Australian bank accounts until she filed her tax returns for the period 1 July 2000 to 30 June 2011. A previous order was discharged, and the Australian Federal Police were to be advised accordingly. Liberty to apply and the question of costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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Remedies
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Consent
Actions
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Citations
Gull and Gull [2012] FamCA 334
Cases Citing This Decision
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Statutory Material Cited
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