Recent Decision of Familly Court
In the recent Family Court case of Sudono [2010] FamCA 54, where the parties had
cohabitated for 21 years, the Court granted the Wife's application for an interim
property distribution of $500,000 cash from a solicitors trust account, to enable
her to purchase real estate in which to house herself.
In granting the application, Justice Rose considered that both parties had made
contributions to the pool of assets of some $1.3m, and that whilst the Husband's
lifestyle had not been compromised post-separation (he continued to have a house
and substantial financial resources in Indonesia), the Wife's financial position
had significantly deteriorated, in that she was unemployed, unable to afford accommodation
and had been living with relatives.
So as not to prejudice the Husband, the Court imposed restrictions on the purchase
of the real estate and future sale, to ensure that the asset could be considered
in a final property division.
Click here to view the decision of Sudo [2010] FamCA 54