Higgins and Higgins
Case
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[2018] FamCA 243
•15 February 2018
Details
AGLC
Case
Decision Date
Higgins and Higgins [2018] FamCA 243
[2018] FamCA 243
15 February 2018
CaseChat Overview and Summary
In the matter of *Higgins and Higgins*, heard before Cronin J, the dispute concerned financial orders sought by the parties in divorce proceedings. The wife was ordered to pay a sum of $180,000 to the husband by a specified date, with a default provision requiring the sale of a property at B Street, Suburb C, to satisfy this payment, including accrued interest. The wife's application for spousal maintenance was dismissed, as was an application by D Pty Ltd and an earlier application by the husband.
The court was required to determine the appropriate financial settlement between the parties, including the division of assets and liabilities, and to consider the wife's claim for spousal maintenance. The court also had to address the claims brought by a third party, D Pty Ltd, and the husband's prior application.
Cronin J ordered the wife to pay $180,000 to the husband by 30 March 2018. In the event of non-payment, the wife was to sell the property at B Street, Suburb C, with the proceeds of sale to be applied first to the $180,000 payment and any accrued interest, and the balance to be paid to the wife. The wife's claim for spousal maintenance was dismissed. The applications by D Pty Ltd and the husband filed on 23 December 2015 were also dismissed. Furthermore, the husband was ordered to indemnify the wife against any claims made against her by D Pty Ltd relating to its books of account. The wife's response filed on 11 April 2016 was dismissed.
The court was required to determine the appropriate financial settlement between the parties, including the division of assets and liabilities, and to consider the wife's claim for spousal maintenance. The court also had to address the claims brought by a third party, D Pty Ltd, and the husband's prior application.
Cronin J ordered the wife to pay $180,000 to the husband by 30 March 2018. In the event of non-payment, the wife was to sell the property at B Street, Suburb C, with the proceeds of sale to be applied first to the $180,000 payment and any accrued interest, and the balance to be paid to the wife. The wife's claim for spousal maintenance was dismissed. The applications by D Pty Ltd and the husband filed on 23 December 2015 were also dismissed. Furthermore, the husband was ordered to indemnify the wife against any claims made against her by D Pty Ltd relating to its books of account. The wife's response filed on 11 April 2016 was dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Fiduciary Duty
Actions
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Citations
Higgins and Higgins [2018] FamCA 243
Most Recent Citation
WILKES & BOLTON [2018] FamCA 309
Cases Cited
19
Statutory Material Cited
2
King v Lynpete Australia Pty Ltd
[2012] VSC 140
CGU Insurance Ltd v Lawless
[2008] VSCA 38
Edward Ted Lakis v Michael Victor Lardis
[2017] NSWSC 321