Moreton and Moreton

Case

[2008] FamCA 1170

19 December 2008


Details
AGLC Case Decision Date
Moreton and Moreton [2008] FamCA 1170 [2008] FamCA 1170 19 December 2008

CaseChat Overview and Summary

In the matter of Moreton and Moreton, Murphy J made orders pursuant to section 79 of the *Family Law Act 1975* concerning the alteration of property interests between the parties. The dispute involved the division of various assets, including real estate, a family trust, a company, shares, investments, vehicles, and superannuation funds.

The court was required to determine how the parties' property interests should be divided. This involved assessing the value of each asset and allocating them between the husband and wife in a manner deemed just and equitable. The orders reflect a comprehensive distribution of the marital assets and liabilities.

Murphy J ordered the husband to pay the wife a sum of $1,100,000.00 within four months. The wife was to relinquish all interest in the Moreton Family Trust and transfer her interest in C Pty Ltd to the husband, including her shares and directorship. The husband was to become the sole legal and beneficial owner of specified properties, including "[M property]", his interest in the Moreton Family Trust, and various investments and financial accounts. The wife was to retain sole ownership of her shares in publicly listed companies, her investments in Forest Enterprises Australia, and certain bank accounts and superannuation. Each party was to retain furniture and chattels in their possession and indemnify the other against liabilities related to the property they received. The orders also included provisions for the Registrar to execute documents on behalf of a defaulting party and addressed the matter of costs.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Constructive Trust

  • Fiduciary Duty

  • Injunction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

IABH & HRBH [2006] FamCA 379