Read the full judgment text of FCMC 010998/1999 on BabelCite. This Family Court judgment was delivered on 1 March 2002 before HH Judge Saunders.
Matrimonial proceedings – ancillary relief – presumption of advancement – resulting trust – family trust – maintenance – capital division – The parties married in Australia in 1990 and separated in 1999. The husband claimed properties held in his name were held on trust for his father. The court held the presumption of advancement applied, making the properties the husband's own assets. The husband's interest in a discretionary family trust was considered a resource. Maintenance and capital orders were made based on the husband's income and assets. – Presumption of advancement rebutted? No. – Family trust assets considered as resource. – Maintenance and capital orders made.
Legal issues: Ownership of properties (Trust vs Advancement) · Discretionary Family Trust Interest · Ancillary Relief Orders
Outcome: Maintenance and capital orders made; costs awarded to Petitioner.
Cited by 1 case · Cites 1 case