Family company and allocation of debts in property distribution case

Case of Payne & Payne [2013] FCCA 794. Family company was in liquidation. Husband established new company and took customers from the old family company. Husband’s father paid the debts of the family company, taking over the bank as creditor. The Court ordered it was appropriate to make an order for an indemnity of the wife by the husband regarding any debts of the husband’s father. This order was made

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Property distribution in de facto relationship case

Case of Abell & Vogel [2013] FamCA. The case concerned de facto partners who were in a relationship for less than twelve months, but purchased a home together and had a child. The female partner had contributed more money to the home than the male partner, however the male had prepared most meals and done most of the housework. The Court initially assessed contributions 80:20 in the woman’s favour but

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Property distribution and representations made during marriage

Case of Bevan & Bevan [2013] FamCAFC 116. Husand took off in 1994 saying he was going “to the sea”, after over 20 years of marriage. Husband said to the wife that all the matrimonial property was hers. The couple travelled together regularly at the wife’s expense until 2004. At trial, the asset pool was just over $1 million. The trial judge made a 60:40 distribution of the property in

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Binding Financial Agreements and Lawyer’s Certificates

Case of Hoult & Hoult [2013] FamCAFC 109 (26 July 2013) Appeal against a section 90B Binding Financial Agreement. Wife denied receiving independent legal advice, as required before a financial agreement is binding under the Family Law Act 1975. Originally held that the agreement was not binding. On appeal, Thackray J found that the trial judge had erred in examining the content of the legal advice. All that needed to

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Sample Post 1

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