Milad and Ghabara

Case

[2012] FamCA 496

26 June 2012


Details
AGLC Case Decision Date
Milad and Ghabara [2012] FamCA 496 [2012] FamCA 496 26 June 2012

CaseChat Overview and Summary

In the matter of *Milad and Ghabara*, heard before Watts J, the dispute concerned the division of property following the sale of a property. The wife was to receive the proceeds of the sale, from which she was then required to make specific payments to the husband and Mr G Ghabara, with the remaining balance to be retained by the wife.

The court was required to determine the precise distribution of the sale proceeds between the parties and to make provision for the execution of necessary documents to give effect to these orders. The court also considered the need for a stay of proceedings and the husband's ability to seek a relisting of the matter.

Applying section 79 of the *Family Law Act*, Watts J ordered that the solicitors holding the sale proceeds were to pay all monies to the wife. From these funds, the wife was to pay Mr G Ghabara a specified sum, and the husband an amount calculated as 20% of the remaining balance less a further sum. The ultimate balance was to be retained by the wife. To ensure compliance, the Registrar of the Sydney Registry of the Family Court was appointed pursuant to section 106A of the *Family Law Act* to execute any necessary documents if either party refused or neglected to do so within 14 days of a written request. The orders were stayed for 21 days to allow the husband to seek a relisting of the matter, with the stay to be extended until the date of any such relisting.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Stay of Proceedings

  • Jurisdiction

  • Costs

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