Jacobsen and Jacobsen
Case
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[2019] FamCA 630
•6 September 2019
Details
AGLC
Case
Decision Date
Jacobsen and Jacobsen [2019] FamCA 630
[2019] FamCA 630
6 September 2019
CaseChat Overview and Summary
In the matter of *Jacobsen and Jacobsen*, Rees J made orders concerning the financial affairs of the parties and their company, H Pty Limited. The dispute involved the husband's role as director of H Pty Limited and the management of various assets, including properties, a timeshare, motor vehicles, and a collector's number plate. The wife sought various injunctions and orders to preserve assets and ensure financial transparency pending further court proceedings.
The court was required to determine the extent to which the husband, in his capacity as director of H Pty Limited, should be restrained from taking certain actions concerning the company's assets and finances. This included decisions regarding dividends, share transactions, director resignations, and the incurring of liabilities. Additionally, the court considered the management and distribution of rental income from two properties (Property A and Property B), the use of a timeshare property, the acquisition and exchange of motor vehicles, and the sale of a collector's number plate. The court also addressed the provision of financial information and access to company accounts.
Rees J applied section 114 of the *Family Law Act 1975* (Cth) to grant injunctions restraining the husband from taking specific actions without the wife's written consent or a court order. These orders aimed to preserve the financial position of H Pty Limited and the parties' assets. The court also made detailed provisions for the management and distribution of income from Property A and Property B, the equal use of the timeshare property, and the process for acquiring a new motor vehicle for the wife and selling a collector's number plate. The husband was ordered to provide regular financial information and access to company accounts to the wife.
The court ordered that the husband be restrained by injunction from various actions concerning H Pty Limited, including declaring dividends without the wife's consent, dealing with shares, issuing further shares, altering share rights, resigning from directorships, or dealing with company assets outside the ordinary course of business without consent. The husband was also restrained from incurring certain loan liabilities or making significant transfers from company accounts without prior consent. The wife was restrained from operating on any H Pty Limited account. Specific orders were made regarding the management of Property A and Property B, the use of the timeshare, the acquisition of a motor vehicle for the wife, and the sale of a collector's number plate, with proceeds to be paid to the wife as partial property settlement. The Independent Children's Lawyer was granted leave to relist the husband's application for parenting orders.
The court was required to determine the extent to which the husband, in his capacity as director of H Pty Limited, should be restrained from taking certain actions concerning the company's assets and finances. This included decisions regarding dividends, share transactions, director resignations, and the incurring of liabilities. Additionally, the court considered the management and distribution of rental income from two properties (Property A and Property B), the use of a timeshare property, the acquisition and exchange of motor vehicles, and the sale of a collector's number plate. The court also addressed the provision of financial information and access to company accounts.
Rees J applied section 114 of the *Family Law Act 1975* (Cth) to grant injunctions restraining the husband from taking specific actions without the wife's written consent or a court order. These orders aimed to preserve the financial position of H Pty Limited and the parties' assets. The court also made detailed provisions for the management and distribution of income from Property A and Property B, the equal use of the timeshare property, and the process for acquiring a new motor vehicle for the wife and selling a collector's number plate. The husband was ordered to provide regular financial information and access to company accounts to the wife.
The court ordered that the husband be restrained by injunction from various actions concerning H Pty Limited, including declaring dividends without the wife's consent, dealing with shares, issuing further shares, altering share rights, resigning from directorships, or dealing with company assets outside the ordinary course of business without consent. The husband was also restrained from incurring certain loan liabilities or making significant transfers from company accounts without prior consent. The wife was restrained from operating on any H Pty Limited account. Specific orders were made regarding the management of Property A and Property B, the use of the timeshare, the acquisition of a motor vehicle for the wife, and the sale of a collector's number plate, with proceeds to be paid to the wife as partial property settlement. The Independent Children's Lawyer was granted leave to relist the husband's application for parenting orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
Legal Concepts
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Injunction
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Remedies
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Costs
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Jacobsen and Jacobsen [2019] FamCA 630
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Statutory Material Cited
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