Stierznow-Almer and Almer

Case

[2009] FamCA 577

13 May 2009


Details
AGLC Case Decision Date
Stierznow-Almer and Almer [2009] FamCA 577 [2009] FamCA 577 13 May 2009

CaseChat Overview and Summary

In the matter of *Stierznow-Almer and Almer*, Judicial Registrar Loughnan of the Federal Circuit Court of Australia considered applications concerning financial relief and property division in a marriage. The dispute involved the wife, Ms. Stierznow-Almer, and the husband, Mr. Almer, who sought orders regarding maintenance, mortgage payments, and the preservation of business assets. The proceedings were transferred to the Sydney Registry and heard on a final basis by consent.

The court was required to determine several key issues, including the appropriate level of spousal maintenance, the responsibility for mortgage payments on the matrimonial home, and the need to restrain the husband from dealing with significant business assets. Additionally, the court considered the husband's obligation to pay hire purchase instalments for a specific motor vehicle and the appointment of an expert to value corporate entities. The parties also consented to the matter being heard on a final basis.

Judicial Registrar Loughnan made orders by consent, granting leave for the wife to inspect documents produced by subpoena. The court ordered the husband to pay $500 per week for the wife's maintenance, with corresponding entitlement for the husband to draw $500 per week from company accounts for his personal use. The husband was also ordered to be responsible for all mortgage payments on the matrimonial home and to pay hire purchase instalments for the wife's vehicle, including any arrears. Crucially, the husband was restrained from selling, disposing of, transferring, encumbering, or otherwise dealing with assets of two companies, TS Pty Limited and AL Pty Limited, and the matrimonial home, except in the normal course of business. The substantive proceedings were adjourned for consideration of the appointment of a single expert to value the corporate entities and for preparation for a final hearing.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Commercial Law

Legal Concepts

  • Injunction

  • Consent

  • Expert Evidence

  • Jurisdiction

  • Procedural Fairness

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Most Recent Citation
Benedict & Peake [2014] FCCA 642

Cases Citing This Decision

1

Benedict & Peake [2014] FCCA 642
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Statutory Material Cited

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