JOHANSON & JOHANSON

Case

[2012] FamCA 1045

29 November 2012


Details
AGLC Case Decision Date
JOHANSON & JOHANSON [2012] FamCA 1045 [2012] FamCA 1045 29 November 2012

CaseChat Overview and Summary

In *Johanson & Johanson*, the parties, husband and wife, sought injunctive relief concerning the sole use and occupation of a property at B Street, Suburb C. The matter came before Cronin J.

The primary legal issue before the court was whether to grant an injunction for the sole use and occupation of the matrimonial home. Additionally, the court was required to determine the terms of an interim distribution of property pursuant to section 79 of the *Family Law Act 1975* (Cth).

Cronin J refused the application for injunctive relief regarding the sole use and occupation of the property. However, the court ordered an interim property distribution, requiring the husband to pay the wife $4,000,000 by 28 February 2013, or another agreed date. To facilitate this payment, the husband was directed to take all necessary steps to authorise the sale of sufficient D Pty Ltd shares. The court also dismissed the amended application of the wife and the response of the husband, except in relation to spousal maintenance, and reserved costs to the trial judge.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Fiduciary Duty

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Bing & Bing [2007] FamCA 418