Miklic & Miklic and Anor

Case

[2010] FamCA 741

23 August 2010


Details
AGLC Case Decision Date
Miklic & Miklic and Anor [2010] FamCA 741 [2010] FamCA 741 23 August 2010

CaseChat Overview and Summary

In the matter of *Miklic & Miklic and Anor*, Watts J of the Family Court of Australia made orders pursuant to section 79 of the *Family Law Act 1975* (Cth) concerning the property interests of the parties. The dispute involved the division of assets between the wife and the respondents.

The court was required to determine the appropriate distribution of property between the parties. This included determining the terms of payment for a significant sum of money to the wife and the consequent entitlement to a specific property. The court also considered the disposition of other assets and the mechanism for executing the orders.

Watts J ordered that the respondents pay the wife the sum of $1,327,909 within three months. Upon this payment, the respondents were to have sole title to the property at C, and the wife was to vacate it. In default of this payment, the property at C was to be sold, with 78% of the net proceeds to be paid to the wife and 22% to the respondents. The parties were otherwise to retain sole ownership of property currently in their possession. The court also appointed the Registrar to execute documents if a party refused to do so, and noted the wife's undertaking to relinquish any claim to the estate of the late J Miklic.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Standing

  • Constructive Trust

  • Reliance

Actions
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Cases Citing This Decision

4

HANLON & REID [2020] FamCA 924
Grace v Grace [2012] NSWSC 976
Fontana and Fontana [2016] FamCAFC 11
Cases Cited

2

Statutory Material Cited

4

Norbis v Norbis [1986] HCA 17
Luxton v Vines [1952] HCA 19
Luxton v Vines [1952] HCA 19