Sunday and Sunday
Case
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[2008] FamCA 638
•30 July 2008
Details
AGLC
Case
Decision Date
Sunday and Sunday [2008] FamCA 638
[2008] FamCA 638
30 July 2008
CaseChat Overview and Summary
This matter concerned the division of property between a husband and wife, heard by Benjamin J. The dispute involved the allocation of various assets, including real estate, business interests, vehicles, and financial accounts, following the breakdown of the marriage.
The court was required to determine how the parties' various assets and liabilities should be divided and to make orders for the transfer of property and payment of sums between them. This included deciding the fate of several properties, the assets of a farming business, livestock, vehicles, and financial holdings.
Benjamin J ordered the husband to pay the wife a sum of $837,740.80 within sixty days, in exchange for which the wife was to transfer her interests in several properties, the assets of the farming business (excluding livestock), a motor vehicle, boat, trailer, jointly used furniture, and any monies in bank accounts or investments solely in the husband's name, as well as a loan to a Mr K. The husband was also ordered to transfer his interest in another property, a motor vehicle, monies in the wife's sole name, jointly used furniture in the wife's possession, her interest in a company, a mooring buoy, and her superannuation fund to the wife. The parties were otherwise to retain property in their possession. The husband was given an election to pay specific sums for the transfer of sheep and cattle livestock, with detailed provisions for the sale and division of proceeds if he did not elect to take the livestock.
The court was required to determine how the parties' various assets and liabilities should be divided and to make orders for the transfer of property and payment of sums between them. This included deciding the fate of several properties, the assets of a farming business, livestock, vehicles, and financial holdings.
Benjamin J ordered the husband to pay the wife a sum of $837,740.80 within sixty days, in exchange for which the wife was to transfer her interests in several properties, the assets of the farming business (excluding livestock), a motor vehicle, boat, trailer, jointly used furniture, and any monies in bank accounts or investments solely in the husband's name, as well as a loan to a Mr K. The husband was also ordered to transfer his interest in another property, a motor vehicle, monies in the wife's sole name, jointly used furniture in the wife's possession, her interest in a company, a mooring buoy, and her superannuation fund to the wife. The parties were otherwise to retain property in their possession. The husband was given an election to pay specific sums for the transfer of sheep and cattle livestock, with detailed provisions for the sale and division of proceeds if he did not elect to take the livestock.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
Legal Concepts
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Costs
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Remedies
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Res Judicata
Actions
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Citations
Sunday and Sunday [2008] FamCA 638
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