HERMANSON & TRAVISS

Case

[2019] FamCA 343

3 June 2019


Details
AGLC Case Decision Date
HERMANSON & TRAVISS [2019] FamCA 343 [2019] FamCA 343 3 June 2019

CaseChat Overview and Summary

In *Hermanson & Traviss*, Henderson J of the Family Court of Australia considered an application for interim property settlement between a husband and wife. The dispute concerned the distribution of funds from the husband's D Bank account to meet various financial obligations of the parties.

The court was required to determine the appropriate interim distribution of funds from the husband's account, specifically addressing the wife's entitlement to legal fees and ongoing living expenses, the husband's entitlement to legal fees, and the provision for capital gains tax and children's school fees.

Henderson J ordered that the husband pay $608,130 from his D Bank account to the wife, comprising $308,000 for legal fees, $207,130 for ongoing living expenses, and $93,000 for legal fees already paid from family advancements. The husband was also permitted to pay himself $200,000 for his own legal fees. The remaining balance in the account was to be paid into a joint account, to be used for the payment of $330,000 in capital gains tax arising from the sale of shares by the husband, and for the children's school fees at B School up to 2021, or as otherwise agreed between the parties, with any remaining balance to be paid as agreed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Injunction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Medlow and Medlow (No 2) [2014] FamCA 530