Stubbs and Stubbs (No 2)

Case

[2009] FamCA 1378

23 November 2009


Details
AGLC Case Decision Date
Stubbs and Stubbs (No 2) [2009] FamCA 1378 [2009] FamCA 1378 23 November 2009

CaseChat Overview and Summary

In *Stubbs and Stubbs (No 2)*, Strickland J of the Family Court of Australia considered an application concerning the financial affairs of the parties, a husband and wife, in the context of their marital relationship and a business. The dispute involved the management and distribution of funds related to a franchise business and a joint bank account.

The court was required to determine how to manage the financial assets of the parties, particularly concerning the operation of a business and the distribution of funds held in a specific bank account. Key issues included the appropriate interim arrangements for the business's income and expenses, the husband's involvement in the business's day-to-day operations, and the disposition of funds held by the husband's accountant.

Strickland J ordered that the husband was to facilitate the transfer of any remaining funds in a specified National Australia Bank account to the wife. The wife was directed to establish a new bank account for a company, H Pty Ltd, into which all business income was to be paid and from which all expenses were to be met. The court further ordered that both parties cooperate in ensuring all business fees, commissions, and earnings were directed to this new account, including monies held by C Company. Crucially, an injunction was granted restraining the husband from participating in the day-to-day operations of the franchise business until further order. The wife was also ordered to provide the husband with weekly documentation of all business income, expenses, and bank statements. The court dismissed the husband's application filed on 9 September 2009 and the wife's response filed on 2 October 2009, removing them from the active pending cases list, and made no order as to costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1