MURRAY & MURRAY

[2018] FamCA 356

FAMILY COURT OF AUSTRALIA

MURRAY & MURRAY [2018] FamCA 356

FAMILY LAW – INJUNCTION – Interim financial

APPLICANT: Ms Murray

RESPONDENT: Mr Murray

FILE NUMBER: SYC 5665 of 2014

DATE DELIVERED: 16 April 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 16 April 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Pearson Emerson Meyer Family Lawyers

SOLICITOR FOR THE RESPONDENT: Litigant appearing for himself

Orders

1. That forthwith and by no later than 4pm on 12 April 2018, the Husband do all acts and things and sign all documents necessary to transfer the whole of the balance of the following accounts to the Murray R Bank Account number …44 ("the Murray Quarantined Account #...44"):

   a.Commonwealth Bank Account in the name of I Pty Limited account number …65 ("CBA Account #...65"); and

   b.Commonwealth Bank Account in the name of Mr Murray account number …83 ("CBA Account #...83").

   ("the CBA Funds")

2. That pending further Order or agreement in writing between the parties, the Wife be restrained from withdrawing, transferring or otherwise applying the CBA funds received into the Murray Quarantined Account #...44, pursuant to Order 1 above.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Murray & Murray has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5665 of 2014

Ms Murray

Applicant

And

Mr Murray

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The reason I make these orders is that on 14 August 2017 I made an order restraining the husband from withdrawing any funds from either Commonwealth Bank account number ending …65 or Commonwealth Bank account number ending …83 until further order. I am told and it is generally agreed that that first account currently has about $65,000 in it and the second account currently has about $13,600 in it. The first account is an account in the name of I Pty Ltd which is the trustee of the family trust. The second is in the husband’s personal name.

2. The Commonwealth Bank have given notice that they are closing account …65 today and that notice also implies the bank is withdrawing all banking services from the husband and all associated family entities.

3. Accordingly monies have to be moved from these two accounts.

4. The orders the wife seeks are appropriate. That is, that the husband be required to sign anything necessary to transfer the funds from these two accounts into another account. The husband raises issues about the appropriateness of the account that the wife has chosen on two bases. Firstly the wife may take money from that account. That is answered by the order made pursuant to [2] of the proposed short minutes of orders.

5. Secondly, he raises issues about whether or not tax problems arise because trust funds are being placed into an account that is in a personal name. This is a temporary, protective and expeditious measure. It is aimed at freezing the trust funds. I would be surprised if that created any tax problem but if I receive evidence upon which I conclude a tax problem arises, I will deal with that at the trial.

I certify that the preceding five (5) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 16 April 2018.

Associate: 

Date:  23.5.18