Tyson and Tyson

Case

[2016] FamCA 395

4 May 2016


Details
AGLC Case Decision Date
Tyson and Tyson [2016] FamCA 395 [2016] FamCA 395 4 May 2016

CaseChat Overview and Summary

This matter came before Johns J concerning a dispute between a husband and wife. The primary issues revolved around the finalisation of tax returns for a company, the valuation of that company and its business, and the preservation of various assets pending further orders.

The court was required to determine the steps necessary to prepare the 2015 tax returns for Tyson Pty. Ltd. and to obtain an independent valuation of the company and its business. Additionally, the court needed to consider appropriate interim orders to restrain the disposal or encumbrance of company assets and specific real properties owned by each party. The court also addressed the exchange of financial documents and further disclosure obligations between the parties.

Johns J ordered that the husband take all necessary steps to instruct accountants to prepare the 2015 tax returns for Tyson Pty. Ltd., providing all requested financial records. The parties were directed to appoint a single expert valuer to determine the value of the company and its business, with the costs to be borne by the company. Interim orders were made restraining the husband from disposing of or dealing with the company's assets except in the usual course of business or with the wife's consent. The husband was also restrained from selling, disposing of, or encumbering a specific property without the wife's consent or a court order. Similarly, the wife was restrained from selling, disposing of, or encumbering several specified properties without the husband's consent or a court order. The husband was ordered to produce a comprehensive list of financial documents to the wife by a specified date, and both parties were directed to provide further financial disclosure upon reasonable request. The accountants were authorised to provide information and documents to the parties' solicitors. The matter was listed for a conciliation conference.
Details

Areas of Law

  • Family Law

  • Commercial Law

  • Property Law

Legal Concepts

  • Injunction

  • Discovery

  • Costs

  • Remedies

  • Duty of Care

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