Wilde and Elder
Case
•
[2016] FamCA 743
•2 September 2016
Details
AGLC
Case
Decision Date
Wilde and Elder [2016] FamCA 743
[2016] FamCA 743
2 September 2016
CaseChat Overview and Summary
This matter concerned orders made by Foster J in a dispute between Ms Wilde and Mr Elder. The orders addressed the division of property and financial obligations between the parties.
The court was required to determine the terms of the property settlement and financial arrangements between the parties, including the discharge of a mortgage, transfer of property interests, payment of a sum of money, and the transfer of shareholdings and interests in companies and a superannuation fund, along with associated indemnities. The court also considered an application for spousal maintenance.
Foster J ordered that Ms Wilde procure the discharge of a mortgage secured over a property within three months, failing which Mr Elder would have liberty to apply for the sale of the property to achieve this. Concurrently, Mr Elder was to transfer his interest in the property to Ms Wilde. Ms Wilde was also ordered to pay Mr Elder a sum of $9,298 within one month. Further orders stipulated that Ms Wilde transfer her shareholding and interests in E Investments Pty Ltd and E Super Pty Ltd to Mr Elder, resign as director of both companies, and that Mr Elder indemnify her from all liabilities arising from the trading affairs of these companies. Ms Wilde was also to transfer her interest in the E Super Fund to Mr Elder, with Mr Elder indemnifying her from liabilities related to the fund. The application for spousal maintenance was dismissed. Liberty to apply was granted for the implementation or enforcement of these orders.
The court was required to determine the terms of the property settlement and financial arrangements between the parties, including the discharge of a mortgage, transfer of property interests, payment of a sum of money, and the transfer of shareholdings and interests in companies and a superannuation fund, along with associated indemnities. The court also considered an application for spousal maintenance.
Foster J ordered that Ms Wilde procure the discharge of a mortgage secured over a property within three months, failing which Mr Elder would have liberty to apply for the sale of the property to achieve this. Concurrently, Mr Elder was to transfer his interest in the property to Ms Wilde. Ms Wilde was also ordered to pay Mr Elder a sum of $9,298 within one month. Further orders stipulated that Ms Wilde transfer her shareholding and interests in E Investments Pty Ltd and E Super Pty Ltd to Mr Elder, resign as director of both companies, and that Mr Elder indemnify her from all liabilities arising from the trading affairs of these companies. Ms Wilde was also to transfer her interest in the E Super Fund to Mr Elder, with Mr Elder indemnifying her from liabilities related to the fund. The application for spousal maintenance was dismissed. Liberty to apply was granted for the implementation or enforcement of these orders.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Equity & Trusts
-
Property Law
Legal Concepts
-
Remedies
-
Costs
-
Res Judicata
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Citations
Wilde and Elder [2016] FamCA 743
Cases Citing This Decision
0
Cases Cited
9
Statutory Material Cited
1
Stanford v Stanford
[2012] HCA 52
Bevan & Bevan
[2014] FamCAFC 19
Chapman & Chapman
[2014] FamCAFC 91