Allen and Allen

Case

[2013] FamCA 1120

12 December 2013


Details
AGLC Case Decision Date
Allen and Allen [2013] FamCA 1120 [2013] FamCA 1120 12 December 2013

CaseChat Overview and Summary

This matter came before Justice Macmillan of the Family Court of Australia concerning parenting and property disputes between Allen and Allen. The parties sought consent orders to resolve these matters, which included detailed arrangements for the children's time with each parent and the division of their real estate and other assets.

The court was required to make orders concerning the equal shared parental responsibility for the children, specifying their living arrangements and the time they would spend with each parent during school terms, holidays, and significant dates. Additionally, the court needed to determine the terms for the sale of two real properties, including reserve prices and the division of sale proceeds, as well as address the wife's payment of a sum to the husband and the allocation of capital gains tax liabilities arising from the property sales. The orders also encompassed the distribution of other assets and liabilities, including specific properties, vehicles, savings, superannuation, and debts.

The court made orders by consent, establishing a detailed parenting schedule that included alternating weeks and Thursdays during school terms, and a division of school holidays and long summer holidays. The orders also stipulated specific times for children to spend with each parent on Christmas, Easter, Father's Day, Mother's Day, and birthdays, along with provisions for communication and travel. In relation to property, the court ordered the sale of two units with specified reserve prices and a timeline for listing. The wife was to pay the husband a sum of money, with adjustments for sale costs and capital gains tax. The court also allocated various other assets and liabilities between the parties, aiming to finally determine their financial relationship.
Details

Areas of Law

  • Family Law

  • Property Law

  • Tax Law

Legal Concepts

  • Consent

  • Injunction

  • Costs

  • Damages

  • Remedies

  • Statutory Construction

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