Millet and Millet

Case

[2018] FamCA 1047

11 December 2018


Details
AGLC Case Decision Date
Millet and Millet [2018] FamCA 1047 [2018] FamCA 1047 11 December 2018

CaseChat Overview and Summary

In the matter of *Millet and Millet*, Berman J considered an application concerning the division of matrimonial property. The dispute involved the husband and wife and centred on the management and distribution of the net proceeds from the sale of a property located at C Street, Suburb D.

The court was required to determine how the net proceeds of the sale of the Suburb D property should be handled and to establish a mechanism for their management pending further orders or agreement between the parties. Specifically, the court needed to address the opening of a bank account for a company named B Pty Ltd Pty Ltd and the subsequent deposit of the sale proceeds into that account.

Berman J ordered that both parties must cooperate and execute all necessary documents to facilitate the opening of a bank account in the name of B Pty Ltd Pty Ltd, as per documents provided by the husband's solicitor. The net proceeds from the sale of the Suburb D property were to be deposited into this newly established account. Furthermore, an injunction was granted, restraining both parties from withdrawing, pledging, transferring, assigning, or otherwise dealing with these proceeds until further order or a written agreement between them.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Constructive Trust

Actions
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