STONE & WILSON

Case

[2016] FamCA 636

7 July 2016


Details
AGLC Case Decision Date
STONE & WILSON [2016] FamCA 636 [2016] FamCA 636 7 July 2016

CaseChat Overview and Summary

In the matter of *Stone & Wilson*, heard before Bennett J, the applicant wife and respondent husband sought orders resolving their property dispute. The core of the disagreement concerned the division of assets, including real property, a business, and superannuation interests, following their separation.

The court was required to determine the terms of a consent order that would effect a final division of the parties' property. Specifically, the court needed to approve and formalise an agreement regarding the transfer of a property, the discharge of a mortgage, the ownership of a business, and the retention of superannuation interests.

Bennett J made orders by consent of the parties. These orders stipulated that the wife would pay the husband $10,000 by 1 August 2016, in exchange for which the husband would transfer his interest in a property located at B Street, C Town, New South Wales, to the wife. The wife was also required to arrange for the discharge of the existing mortgage on that property, thereby releasing the husband from liability. Further, each party was to retain their other possessions, with the wife to have sole ownership and responsibility for Company A, and the husband to retain his superannuation interests. The application was otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Remedies

  • Constructive Trust

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