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Key decisions

  • Harris & Dewell and Anor [2018] FamCAFC 94
  • Camden Pty Ltd & Laue and Ors [2018] FamCAFC 91
  • Molloy & Reid [2018] FamCAFC 89

Property

Unit trust controlled by husband but owned by his 99 year old father was not ‘property’

In Harris & Dewell and Anor [2018] FamCAFC 94 (25 May 2018) the Full Court (Strickland, Murphy & Johnston JJ) dismissed an appeal against Rees J’s property settlement by the wife who argued that the asset pool should include units of the E Unit Trust which were controlled by the husband although his 99 year old father was sole unit holder. The shares of the corporate trustee (‘FPL’) were owned by the father (67 per cent) and husband (33 per cent). The director of FPL was a solicitor who acted on the husband’s instructions.

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