Seitz and Seitz

Case

[2018] FamCA 618

15 August 2018


Details
AGLC Case Decision Date
Seitz and Seitz [2018] FamCA 618 [2018] FamCA 618 15 August 2018

CaseChat Overview and Summary

In the matter of *Seitz and Seitz*, Justice Macmillan of the Family Court of Australia made orders concerning the financial affairs of the parties to a marriage. The dispute involved the division of property and the provision of financial disclosure.

The court was required to determine the terms of interim property settlement, including the sale of a property and the distribution of its proceeds, as well as the nature and extent of financial disclosure to be provided by each party. The court also considered the need for injunctive relief to preserve assets pending final determination.

Justice Macmillan ordered that the husband pay $50,000 to the wife by a specified date, to be sourced from his share portfolio and bank accounts. The parties were directed to list their jointly owned property for sale, with proceeds to be applied first to sale costs, then to discharge mortgages, followed by payments of $50,000 to the husband and $200,000 to the wife, with the balance to be held in trust. The court also imposed injunctions restraining the parties from dealing with certain assets without consent and ordered extensive financial disclosure from both parties regarding their financial positions, dealings, and expenditures since separation. All extant interim applications were dismissed.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Consent

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