West and West

Case

[2012] FamCA 182

28 March 2012


Details
AGLC Case Decision Date
West and West [2012] FamCA 182 [2012] FamCA 182 28 March 2012

CaseChat Overview and Summary

In the matter of *West and West*, heard before Cronin J, the dispute concerned an application for interim distribution of assets and related procedural matters between the husband and wife.

The court was required to determine whether to grant an interim distribution of funds from the parties' trust account, the procedure for document inspection and production, the wife's entitlement to issue subpoenas, the exchange of asset valuations, and the sale of a specific real property.

Cronin J ordered an immediate interim distribution of approximately $139,470 from the parties' trust account, to be paid equally to the husband and wife, pursuant to section 79 of the *Family Law Act 1975* (Cth). The court also directed the wife to provide a list of documents for inspection by the husband, with the husband to then provide those documents within a specified timeframe, subject to any claims of privilege. The wife was granted leave to issue subpoenas as advised, notwithstanding any usual restrictions on number. Furthermore, the parties were ordered to exchange appraisals and other valuations of their assets before a conciliation conference. The interim application and response were otherwise dismissed. Finally, the parties were directed to list a specific real property for sale on agreed terms, with the net proceeds to be paid into their self-managed superannuation fund pending further order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Privilege

  • Remedies

  • Jurisdiction

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