Tolarno and Tolarno

Case

[2019] FamCA 626

6 September 2019


Details
AGLC Case Decision Date
Tolarno and Tolarno [2019] FamCA 626 [2019] FamCA 626 6 September 2019

CaseChat Overview and Summary

The case of *Tolarno and Tolarno* involved a dispute between a husband and wife concerning property settlement and the management of various entities, including Tolarno Pty Ltd, the Tolarno Family Trust, the Tolarno Unit Trust, and the Tolarno Staff Superannuation Fund. The proceedings were before Macmillan J.

The court was required to determine the terms of a partial property settlement between the parties, including the payment of specific sums of money to each party's solicitors. Additionally, the court needed to establish a framework for the husband's accounting of income and expenditure for the aforementioned entities, and to regulate the wife's involvement in authorising payments from the Unit Trust account, particularly for expenses exceeding $10,000. The court also addressed the disposition of extant interim applications and the progression of applications for final orders.

Macmillan J ordered that a sum of $350,000 be paid to the wife's solicitors and $120,000 to the husband's solicitors by a specified date as partial property settlement. The husband was ordered to provide monthly accounts to the wife regarding the income and expenditure of the entities. The wife was directed to sign documents to close a term deposit and transfer the funds into the Unit Trust account. Further orders stipulated that the wife was to sign Unit Trust cheques up to $10,000 if signed by the husband, and for cheques exceeding $10,000, the husband was to provide the cheque and supporting invoice to the wife via their accountant, who would advise on the propriety of the expense before the wife counter-signed. All interim applications, except for costs, were dismissed, and applications for final orders were to be listed for allocation.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Costs

  • Injunction

  • Remedies

  • Constructive Trust

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