Tuesday, August 11, 2015

Spry enforcement proceedings

As set out in earlier posts, and with thanks to the Television Education Network, today’s post addresses the issue of ‘Spry enforcement proceedings’ at the following link - https://www.youtube.com/watch?v=6ewuWIpJE3g

As usual, a transcript of the presentation for those that cannot (or choose not) to view the presentation is below –

Stephens is the case about the actual enforcement proceedings of the Spry case and it reinforces just how wide powers of the court are, in terms of making and implementing decisions under the property settlement regime.

In the particular case of Stephens, there were aspects of the judgment that saw transactions that took place after the relationship had broken down, completely ignored and unwound.

What the court also did was unwind transactions that had taken place before the relationship had broken down as well as those which related to third parties. For example, independent trustees and the children of the relationship who had been involved in those transactions were actually forced to comply with orders, that on the face of it just applied to Dr and Mrs Spry.