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.
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
Key Legal Topics
Areas of Law
-
Family Law
-
Equity & Trusts
Legal Concepts
-
Remedies
-
Costs
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
HERMANSON & TRAVISS [2019] FamCA 343
Cases Citing This Decision
0