Markoska & Markoska

In the matter of *Markoska & Markoska*, heard by Murphy J of the Family Court of Australia, the dispute concerned the beneficial ownership of certain real property and business interests. The applicant sought declarations regarding the respondent husband's interest in these assets, specifically a one-third interest in the "[B Farm]" and any business conducted under the name "[Markoska] Family Farm" or by the second respondent.

The primary legal issue before the court was whether the respondent husband held his purported interest in the "[B Farm]" and associated businesses on trust for the second respondent. This determination was crucial for the division of property in the family law proceedings. The court was also required to consider applications for costs, including an oral application made by a third party firm for costs associated with complying with a subpoena.

Murphy J declared that the respondent husband held his one-third interest in the "[B Farm]", comprising five specified lots of real property, on trust for the second respondent. Furthermore, the court declared that the respondent husband held no interest in any business conducted on the "[B Farm]", carried out under the name "[Markoska] Family Farm", or conducted by the second respondent. The court then ordered that the matter be listed for directions and provided a detailed process for the filing and consideration of written submissions regarding costs applications.