Mulchidore and Mulchidore

Case

[2013] FamCA 964

10 December 2013


Details
AGLC Case Decision Date
Mulchidore and Mulchidore [2013] FamCA 964 [2013] FamCA 964 10 December 2013

CaseChat Overview and Summary

In *Mulchidore and Mulchidore*, Foster J considered the division of property between the parties in a marriage dissolution proceeding. The dispute concerned the distribution of various real estate properties, vacant land, a timeshare interest, company shares, and funds held in trust.

The court was required to determine how the parties' assets and liabilities should be divided and to make orders for the transfer of property and the discharge of mortgages. The court also needed to address the possession of certain properties and the disposition of company directorships and funds held in trust.

Foster J ordered the discharge of interim orders concerning two properties. The court then directed the husband to transfer his interest in a property on F Street, Suburb E, to the wife, who was to concurrently procure the discharge of any mortgages on that property, releasing the husband from liability. Similarly, the husband was to transfer his interest in vacant land at 1 G Street, Suburb H, to the wife, who was to discharge any associated mortgages. The wife was ordered to transfer her interest in a property on D Street, Suburb E, to the husband, and to provide him with vacant possession of that property. The wife was also to transfer her interest in vacant land at 2 and 3 G Street, Suburb H, to the husband, and concurrently procure the discharge of any mortgages on those properties, releasing the husband from liability. Furthermore, the wife was to transfer her timeshare interest in the I Resort, J Town, to the husband. The court also ordered that funds held in trust be paid out to the husband and that the wife transfer her interest in K Pty Ltd to the husband, resigning as director and/or secretary. The parties were declared to have sole right, title, and interest in any other property in their possession, entitlement, control, or name, and were to be solely liable for any associated liabilities. All outstanding applications and cross-applications were dismissed.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Res Judicata

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Bevan & Bevan [2013] FamCAFC 116
Singer v Berghouse [1994] HCA 40