Lacey and Lacey (No.2)
Case
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[2016] FCCA 1719
•11 July 2016
Details
AGLC
Case
Decision Date
Lacey and Lacey (No.2) [2016] FCCA 1719
[2016] FCCA 1719
11 July 2016
CaseChat Overview and Summary
In *Lacey and Lacey (No.2)*, the Family Court of Australia considered an application by the wife for the husband to pay interest on a principal sum of $1,000,000.00, as well as the wife's costs associated with an enforcement application. The dispute centred on the husband's obligation to pay interest on this sum and the wife's entitlement to recover her legal expenses incurred in seeking to enforce the original order.
The primary legal issue before the court was the application of section 117B(1) of the *Family Law Act 1975* (Cth) to determine the husband's liability for interest on the outstanding principal sum. The court was also required to consider the wife's entitlement to costs in relation to the enforcement proceedings.
Judge Terry found that the husband was liable to pay interest on the principal sum of $1,000,000.00, calculated from 27 February 2016 to 6 June 2016, at a fixed amount of $22,076.50. This sum was ordered to be paid to the wife by 4:00 pm on 8 August 2016. Furthermore, the court ordered the husband to pay the wife's costs of and incidental to the enforcement application filed on 13 May 2015, fixing this amount at $6,137.50, also to be paid to the wife by 4:00 pm on 8 August 2016.
The primary legal issue before the court was the application of section 117B(1) of the *Family Law Act 1975* (Cth) to determine the husband's liability for interest on the outstanding principal sum. The court was also required to consider the wife's entitlement to costs in relation to the enforcement proceedings.
Judge Terry found that the husband was liable to pay interest on the principal sum of $1,000,000.00, calculated from 27 February 2016 to 6 June 2016, at a fixed amount of $22,076.50. This sum was ordered to be paid to the wife by 4:00 pm on 8 August 2016. Furthermore, the court ordered the husband to pay the wife's costs of and incidental to the enforcement application filed on 13 May 2015, fixing this amount at $6,137.50, also to be paid to the wife by 4:00 pm on 8 August 2016.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Citations
Lacey and Lacey (No.2) [2016] FCCA 1719
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