Wellman and Wellman

Case

[2014] FamCA 389

12 June 2014


Details
AGLC Case Decision Date
Wellman and Wellman [2014] FamCA 389 [2014] FamCA 389 12 June 2014

CaseChat Overview and Summary

In *Wellman and Wellman*, the parties were husband and wife, and the dispute concerned the division of financial resources following their separation. The matter came before Hannam J in the Family Court of Australia.

The court was required to determine how certain investment repayments, specifically those related to the B development project through C Pty Ltd, should be divided between the parties. The orders indicate a need to address both future and past repayments of principal and interest made to the wife, who held the investment in her sole name.

Hannam J ordered that the wife must pay to the husband one half of all principal and interest payments received by her, or any entity acting on her behalf, from C Pty Ltd or associated entities in relation to the B development project. This obligation applies to payments received both from the date of the orders and any payments already received. The wife is to retain the remaining balance. The court also reserved the characterisation of these sums for future agreement or determination and mandated that the wife notify the husband's solicitors of expected and actual repayment dates, and provide copies of all relevant documentation within two business days of receipt. The costs of the proceedings were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Injunction

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