Aldam and Cesari (No 2)

Case

[2020] FamCA 732

4 September 2020


Details
AGLC Case Decision Date
Aldam and Cesari (No 2) [2020] FamCA 732 [2020] FamCA 732 4 September 2020

CaseChat Overview and Summary

In *Aldam and Cesari (No 2)*, heard by Wilson J, the dispute concerned property adjustment orders following a de facto relationship of 12 years' duration. The applicant sought orders reflecting his contention of superior contributions throughout the relationship, particularly post-separation, while the respondent's disclosure was found to be defective. The court also considered proposals for altering the parties' superannuation entitlements, with the applicant proposing a complex regime and the respondent favouring the sale of property and equal division.

The court was required to determine the appropriate property adjustment, considering the parties' respective contributions and the consequences of the respondent's defective disclosure. It also had to address the division of seven parcels of real property and the parties' superannuation interests, including a self-managed superannuation fund. The court's task involved fashioning orders that equitably resolved these financial matters.

The court ultimately made property alteration orders reflecting a 70% division of non-superannuation assets in favour of the applicant and 30% to the respondent. The orders detailed specific arrangements for the transfer of properties, cash payments, and the division of superannuation entitlements, including provisions for the sale of certain properties and the allocation of funds. The court also addressed the consequences of default in complying with the orders, appointing one party as attorney for the other to execute necessary documents if compliance was not met.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

  • Statutory Construction

  • Injunction

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Cases Citing This Decision

1

Aldam and Cesari (No. 3) [2020] FamCA 849
Cases Cited

41

Statutory Material Cited

4

Aldam and Cesari [2020] FamCA 54
Singer v Berghouse [1994] HCA 40
Stanford v Stanford [2012] HCA 52