Lacey and Lacey
Case
•
[2016] FCCA 38
•19 January 2016
Details
AGLC
Case
Decision Date
Lacey and Lacey [2016] FCCA 38
[2016] FCCA 38
19 January 2016
CaseChat Overview and Summary
In the matter of *Lacey and Lacey*, heard before Judge Terry, the dispute concerned interim property settlement between a husband and wife. The court was considering an order for the wife to receive a significant sum of money as an interim property settlement.
The primary legal issue before the court was the form and conditions of the interim property settlement order. Specifically, the court needed to determine whether to include specific requirements regarding the wife's use and reporting of the funds, and the potential for an injunction over any property purchased with those funds pending final resolution of the proceedings.
Judge Terry indicated an intention to order the wife receive $1,000,000.00 by way of further interim property settlement. The court proposed to adjourn the matter to allow for submissions on the precise form of the orders. These submissions were to consider including a requirement for the wife to inform the husband of the use or whereabouts of the money from time to time, and a further requirement that upon purchasing a property, the wife consent to an injunction restraining her from encumbering or disposing of that property until the finalisation of the property settlement proceedings.
The primary legal issue before the court was the form and conditions of the interim property settlement order. Specifically, the court needed to determine whether to include specific requirements regarding the wife's use and reporting of the funds, and the potential for an injunction over any property purchased with those funds pending final resolution of the proceedings.
Judge Terry indicated an intention to order the wife receive $1,000,000.00 by way of further interim property settlement. The court proposed to adjourn the matter to allow for submissions on the precise form of the orders. These submissions were to consider including a requirement for the wife to inform the husband of the use or whereabouts of the money from time to time, and a further requirement that upon purchasing a property, the wife consent to an injunction restraining her from encumbering or disposing of that property until the finalisation of the property settlement proceedings.
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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Injunction
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Remedies
Actions
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Citations
Lacey and Lacey [2016] FCCA 38
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Williams & Williams
[2007] FamCA 313
Wenz v Archer
[2008] FMCAfam 1119