Wales and Wales
Case
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[2009] FamCA 706
•5 June 2009
Details
AGLC
Case
Decision Date
Wales and Wales [2009] FamCA 706
[2009] FamCA 706
5 June 2009
CaseChat Overview and Summary
In *Wales and Wales*, Dessau J of the Family Court of Australia determined the final property settlement between a husband and wife. The dispute concerned the division of assets and the terms of payment and transfer of property.
The court was required to determine the specific orders for the payment of a sum of money by the husband to the wife, the conditions for the withdrawal of a caveat lodged by the wife, and the consequences of non-payment by a specified date. Further issues included the management and sale of a particular parcel of real property, the application of sale proceeds, and the prohibition of encumbering the real property pending payment or sale. The court also addressed the entitlement of each party to other property in their possession and the costs of the proceedings.
Dessau J ordered the husband to pay a sum of $223,200 to the wife by a specified date. Upon payment, the wife was to withdraw a caveat. In the event of non-payment by the due date, the husband was to transfer a block of land to the wife to be held on trust for sale. The proceeds of this sale were to be applied first to sale costs, then to the outstanding payment with interest, and any balance to the husband. The husband was also restrained from encumbering the real property without the wife's consent pending payment or sale. Each party was otherwise to retain property in their possession.
The court was required to determine the specific orders for the payment of a sum of money by the husband to the wife, the conditions for the withdrawal of a caveat lodged by the wife, and the consequences of non-payment by a specified date. Further issues included the management and sale of a particular parcel of real property, the application of sale proceeds, and the prohibition of encumbering the real property pending payment or sale. The court also addressed the entitlement of each party to other property in their possession and the costs of the proceedings.
Dessau J ordered the husband to pay a sum of $223,200 to the wife by a specified date. Upon payment, the wife was to withdraw a caveat. In the event of non-payment by the due date, the husband was to transfer a block of land to the wife to be held on trust for sale. The proceeds of this sale were to be applied first to sale costs, then to the outstanding payment with interest, and any balance to the husband. The husband was also restrained from encumbering the real property without the wife's consent pending payment or sale. Each party was otherwise to retain property in their possession.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Property Law
Legal Concepts
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Remedies
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Constructive Trust
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Costs
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Injunction
Actions
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Citations
Wales and Wales [2009] FamCA 706
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1