Sunday and Sunday

Case

[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.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Costs

  • Remedies

  • Res Judicata

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Tate v Tate [2000] FamCA 1040