Wolter and Wolter

This matter came before Johnston J concerning orders for the disbursement of funds held in a Controlled Monies account and a D Lawyers fund, arising from a dispute between a husband and wife. The orders sought to enforce and provide machinery for the division of these funds, taking into account capital gains tax liabilities and prior costs orders.

The court was required to determine the precise mechanism for the disbursement of funds from two separate accounts, the Controlled Monies account and the D Lawyers fund. This involved determining how to address the husband's potential Capital Gains Tax (CGT) liability, the distribution of the remaining balance between the parties in specified percentages, and the satisfaction of various costs orders previously made in favour of the wife. The court also needed to address the situation where the D Lawyers fund might have already been transferred to the Controlled Monies account.

Johnston J made detailed orders for the disbursement of the funds. The wife was directed to obtain a calculation of the CGT liability, which would form the basis for payments. The Controlled Monies account was to be used first to pay any issued CGT assessment for the husband, or an estimated CGT liability if no assessment had issued. After this, 61 per cent of the remaining balance was to be paid to the husband, subject to deductions for the wife's prior costs orders and the costs of obtaining the CGT calculation. The remaining 39 per cent of the balance was to be paid to the wife. Similar percentage-based distribution orders were made for the D Lawyers fund, with provisions for how the funds would be disbursed if they had been consolidated into the Controlled Monies account.