Matheson and Matheson and Anor

Case

[2011] FamCA 461

17 June 2011


Details
AGLC Case Decision Date
Matheson and Matheson and Anor [2011] FamCA 461 [2011] FamCA 461 17 June 2011

CaseChat Overview and Summary

In *Matheson and Matheson and Anor*, Barry J of the Supreme Court of Western Australia was required to determine property settlement orders between a husband and wife, and to consider an application filed by B Legal concerning funds held in their trust account. The dispute centred on the division of these remaining funds following the parties' separation.

The primary legal issue before the court was how the remaining funds in B Legal's trust account should be distributed between the husband and wife as part of their property settlement. The court also had to determine the fate of an application filed by B Legal, which sought to address their involvement or claim regarding these funds.

Barry J ordered that the wife be entitled to 90 per cent of the funds held in B Legal's trust account, with the husband to receive the remaining 10 per cent. This distribution was to be effected by B Legal making a payment to the husband representing 10 per cent of the current balance in the trust account, or $1,388.38 if that amount was greater or lesser. Consequently, the application filed by B Legal was dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

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