Proust and Croce (No 3)

Case

[2015] FamCA 696

21 August 2015


Details
AGLC Case Decision Date
Proust and Croce (No 3) [2015] FamCA 696 [2015] FamCA 696 21 August 2015

CaseChat Overview and Summary

In the matter of *Proust and Croce (No 3)*, Berman J of the Federal Circuit and Family Court of Australia made orders concerning the distribution of funds held on trust and the delivery of documents. The dispute involved the wife and husband, with the court tasked with determining how a sum of $20,000 held on trust should be allocated and what obligations the wife had regarding the return of the husband's personal documents.

The court was required to determine the specific amounts to be paid from the trust fund to the wife's legal representatives and the husband, respectively. Furthermore, the court needed to establish the wife's obligation to deliver or make available to the husband all documents relating to him personally or to entities in which he held significant control or shareholding. The court also addressed the status of the proceedings by removing them from the Pending List and certifying them as fit for counsel.

Berman J ordered that $11,154 of the $20,000 held on trust be paid to the trust account of Glezer Lanteri and Associates for the wife. The remaining balance of the trust funds was to be paid to the husband. Additionally, the wife was directed to deliver up to the husband, or make available to him, all documents held by her that personally relate to the husband or to any entity in which he has a major shareholding or is the majority unit holder, within 14 days of the order. All proceedings were subsequently removed from the Pending List and certified as fit for counsel.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Remedies

  • Stay of Proceedings

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