HOLLAND & HOLLAND

Case

[2015] FamCA 680

24 July 2015


Details
AGLC Case Decision Date
HOLLAND & HOLLAND [2015] FamCA 680 [2015] FamCA 680 24 July 2015

CaseChat Overview and Summary

In *Holland & Holland*, the applicant wife sought an interim property settlement from the proceeds of sale of the former matrimonial home. The husband did not appear and his material did not indicate opposition to the wife's application.

The primary legal issue before Johns J was whether to grant an interim property distribution to the wife, considering the amount sought was less than her likely final entitlement. The court also considered the wife's application for costs.

Johns J applied the principles discussed in *Strahan* and determined that an interim property distribution was appropriate in these circumstances. The court ordered that $75,000 be paid to each party from trust funds, characterised as interim property settlement. The wife's costs of her amended application were reserved and fixed at $5,000.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

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