Lockie and Lockie
Case
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[2009] FamCA 656
•28 July 2009
Details
AGLC
Case
Decision Date
Lockie and Lockie [2009] FamCA 656
[2009] FamCA 656
28 July 2009
CaseChat Overview and Summary
In *Lockie and Lockie*, Le Poer Trench J of the Family Court of Australia was required to make orders concerning the division of property between the parties. The dispute involved the distribution of various assets, including a Luxembourg bank account, a sum of money to be paid by the wife to the husband, a property located at E Road, northern Sydney, furniture and personal items, and other assets and superannuation held by each party.
The court was tasked with determining how to equitably divide the matrimonial assets and liabilities. This involved considering the appropriate treatment of a joint bank account held in the name of the parties' child, the quantum and method of payment of a significant sum from the wife to the husband, and the disposition of the E Road property in the event of non-payment. Furthermore, the court needed to address the division of household contents and the ownership of individual assets and superannuation.
Le Poer Trench J ordered that the Credit Agricole Luxembourg bank account be transferred to the husband. The wife was also ordered to pay the husband a specific sum of money within two months. In the event of the wife's failure to make this payment, the E Road property was to be jointly sold, with the proceeds to be applied first to sale expenses and mortgage discharge, then 83.5% of the remaining balance to the husband, and the final balance also to the husband. The husband was to receive his pre-cohabitation furniture and personal items, with the remaining contents of the property to become the wife's. Finally, each party was declared the absolute owner of all other assets, resources, and superannuation in their possession and control.
The court was tasked with determining how to equitably divide the matrimonial assets and liabilities. This involved considering the appropriate treatment of a joint bank account held in the name of the parties' child, the quantum and method of payment of a significant sum from the wife to the husband, and the disposition of the E Road property in the event of non-payment. Furthermore, the court needed to address the division of household contents and the ownership of individual assets and superannuation.
Le Poer Trench J ordered that the Credit Agricole Luxembourg bank account be transferred to the husband. The wife was also ordered to pay the husband a specific sum of money within two months. In the event of the wife's failure to make this payment, the E Road property was to be jointly sold, with the proceeds to be applied first to sale expenses and mortgage discharge, then 83.5% of the remaining balance to the husband, and the final balance also to the husband. The husband was to receive his pre-cohabitation furniture and personal items, with the remaining contents of the property to become the wife's. Finally, each party was declared the absolute owner of all other assets, resources, and superannuation in their possession and control.
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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Remedies
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Costs
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Injunction
Actions
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Citations
Lockie and Lockie [2009] FamCA 656
Most Recent Citation
Jordan & Verne (SSAT Appeal) [2012] FMCAfam 21
Cases Cited
0
Statutory Material Cited
1