Ming and Dao
Case
•
[2018] FamCA 430
•14 June 2018
Details
AGLC
Case
Decision Date
Ming and Dao [2018] FamCA 430
[2018] FamCA 430
14 June 2018
CaseChat Overview and Summary
In the matter of Ming and Dao, Watts J made orders concerning spousal maintenance and the preservation of assets. The dispute involved an application for spousal maintenance by the husband, and the court was required to determine the appropriate quantum and duration of such maintenance, as well as to make orders to protect the parties' assets pending further proceedings.
The court ordered the wife to pay the husband a lump sum of $100,000 by way of spousal maintenance within 14 days. Additionally, the wife was ordered to pay the husband $1,944 per week in spousal maintenance, commencing within seven days and continuing weekly thereafter, pending further order. This weekly amount is to be varied annually on 1 July, commencing 1 July 2019, by reference to the Consumer Price Index for Sydney (All Groups). The wife was also ordered to pay regular instalments on the lease of the motor vehicle driven by the husband.
Furthermore, extensive orders were made to restrain both parties from dealing with various assets and entities. The wife was specifically restrained from alienating or encumbering assets, shares, or undertaking of certain entities, and from altering shareholdings or appointing/removing directors or trustees of trusts, except in the usual course of business. Both parties were restrained from operating on a specific Commonwealth Bank account other than for scheduled loan repayments and building insurance payments. The wife was also restrained from increasing secured liabilities on specified properties and from dealing with her interests in those properties. Both parties were prohibited from engaging in conduct, including on social media, that denigrates the other party or their family. The wife was granted liberty to apply to vary the asset preservation orders on 14 days' notice if the husband unreasonably refused consent to a proposed transaction. The matter was referred back to the List Clerk to schedule the wife's application for exclusive occupation and other orders.
The court ordered the wife to pay the husband a lump sum of $100,000 by way of spousal maintenance within 14 days. Additionally, the wife was ordered to pay the husband $1,944 per week in spousal maintenance, commencing within seven days and continuing weekly thereafter, pending further order. This weekly amount is to be varied annually on 1 July, commencing 1 July 2019, by reference to the Consumer Price Index for Sydney (All Groups). The wife was also ordered to pay regular instalments on the lease of the motor vehicle driven by the husband.
Furthermore, extensive orders were made to restrain both parties from dealing with various assets and entities. The wife was specifically restrained from alienating or encumbering assets, shares, or undertaking of certain entities, and from altering shareholdings or appointing/removing directors or trustees of trusts, except in the usual course of business. Both parties were restrained from operating on a specific Commonwealth Bank account other than for scheduled loan repayments and building insurance payments. The wife was also restrained from increasing secured liabilities on specified properties and from dealing with her interests in those properties. Both parties were prohibited from engaging in conduct, including on social media, that denigrates the other party or their family. The wife was granted liberty to apply to vary the asset preservation orders on 14 days' notice if the husband unreasonably refused consent to a proposed transaction. The matter was referred back to the List Clerk to schedule the wife's application for exclusive occupation and other orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Remedies
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Fiduciary Duty
Actions
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Citations
Ming and Dao [2018] FamCA 430
Most Recent Citation
Ming & Dao (No. 3) [2021] FamCA 197
Cases Cited
0
Statutory Material Cited
1