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.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Williams & Williams [2007] FamCA 313
Wenz v Archer [2008] FMCAfam 1119