Lasic & Lasic

Case

[2007] FamCA 837

11 August 2007


Details
AGLC Case Decision Date
Lasic & Lasic [2007] FamCA 837 [2007] FamCA 837 11 August 2007

CaseChat Overview and Summary

In *Lasic & Lasic*, heard by Coleman J, the applicant sought to set aside consent orders made under s 79A of the *Family Law Act 1975*. The dispute concerned the distribution of property, with the trustee of the husband's bankrupt estate seeking a share in the wife's property. The court also had to consider the implications of the husband's death between the hearing and the judgment.

The primary legal issues before the court were whether the existing consent orders should be set aside under s 79A of the *Family Law Act 1975*, and how to address the husband's intervening death in the context of the property settlement and the trustee's claim. The court was required to determine if circumstances warranted the variation or setting aside of the consent orders and to consider the impact of the husband's death on the proceedings and the rights of the parties, including the trustee.

Coleman J found that the consent orders should be set aside, allowing the trustee of the bankrupt estate to receive a share of the wife's property. To prevent the trustee's claim from being defeated by the costs associated with its role, the court ordered that the wife pay a specified sum directly to a creditor of the husband. The court also directed the parties to make further submissions regarding the implications of the husband's death between the hearing and the judgment. The costs of both parties were reserved.
Details

Areas of Law

  • Family Law

  • Insolvency

  • Equity & Trusts

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Res Judicata

  • Standing

Actions
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Most Recent Citation
Martin and Martin [2015] FamCA 260

Cases Citing This Decision

1

Martin and Martin [2015] FamCA 260
Cases Cited

1

Statutory Material Cited

1

Norbis v Norbis [1986] HCA 17