Ashton and McCortney

Case

[2012] FamCA 227

13 April 2012


Details
AGLC Case Decision Date
Ashton and McCortney [2012] FamCA 227 [2012] FamCA 227 13 April 2012

CaseChat Overview and Summary

This matter concerned parenting and property disputes between Ashton and McCortney, heard by Forrest J. The primary dispute revolved around the future care arrangements for the child, C Ashton, and the division of the parties' assets and liabilities.

The court was required to determine the appropriate parenting orders, including who would have sole parental responsibility for long-term decisions, where the child would live, and the extent of the child's time with each parent. Additionally, the court had to resolve the division of various properties, including two Gold Coast properties, company interests, and numerous debts and financial liabilities, as well as address spousal maintenance and child support arrangements.

Forrest J made orders discharging previous parenting orders and injunctions. The mother was granted sole parental responsibility for long-term decisions concerning the child, C Ashton, with specific procedural requirements for consulting the father before making such decisions. The child was ordered to live with the mother, with defined periods of time to be spent with the father, including alternate Sundays, Father's Day, and Christmas in alternate years. The court also made detailed orders regarding communication between the child and the father, and specific provisions concerning schooling and residence changes. The father was restrained from consuming alcohol when spending time with or communicating with the child.

In relation to property, the wife was ordered to transfer vacant possession and all her interest in two Gold Coast properties to the husband, who was to indemnify her against all liabilities associated with these properties. The husband was to retain his interests in certain companies, while the wife was to retain her interests in others, with respective resignations from officeholder roles. The husband was also to indemnify the wife against various debts, including those related to a Mercedes Benz lease and several credit card accounts. The parties were to retain personal possessions at their respective residences. The court discharged previous spousal maintenance orders and varied the child support payable by the father. Finally, the wife was ordered to pay the husband a sum towards the costs of single experts.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Injunction

  • Costs

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2