HERBERT & HERBERT

Case

[2017] FamCA 995

7 December 2017


Details
AGLC Case Decision Date
HERBERT & HERBERT [2017] FamCA 995 [2017] FamCA 995 7 December 2017

CaseChat Overview and Summary

In the matter of *Herbert & Herbert*, Forrest J considered applications for interim spousal maintenance and litigation funding. The dispute involved a husband and wife, with the wife seeking financial relief and funding for legal costs, and the husband seeking to remove the wife as a director of a company and to stay child support payments.

The court was required to determine whether to order interim lump sum spousal maintenance, the quantum and destination of funds for litigation costs for both parties, and the management of a business bank account. Additionally, the court had to consider the husband's applications for the wife's removal as a company director and for a stay of child support collection.

Forrest J ordered the payment of $50,000 by way of interim lump sum spousal maintenance to the wife from a joint trust account. The court also directed the payment of approximately $15,000 to discharge the wife's credit card liability, with the characterisation of this payment to be determined at trial. Further, the court ordered $150,000 to be paid to the wife's solicitors' trust account for her past and future legal costs, and $86,500 to be paid to the husband's solicitors' trust account for his future legal costs. The husband was ordered to deposit all business receipts into a specific business bank account and was the sole authorised transactor on that account, subject to certain conditions regarding payments and withdrawals. The husband's applications to remove the wife as a director and to stay child support collection were dismissed.
Details

Areas of Law

  • Family Law

  • Insolvency

Legal Concepts

  • Costs

  • Remedies

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