Lasic & Lasic
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Insolvency
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Equity & Trusts
Legal Concepts
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Consent
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Costs
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Remedies
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Res Judicata
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Standing
Actions
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Citations
Lasic & Lasic [2007] FamCA 837
Most Recent Citation
Martin and Martin [2015] FamCA 260