BARBERIS & BARBERIS
Case
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[2019] FamCA 386
•19 June 2019
Details
AGLC
Case
Decision Date
BARBERIS & BARBERIS [2019] FamCA 386
[2019] FamCA 386
19 June 2019
CaseChat Overview and Summary
In *Barberis & Barberis*, the Honourable Justice Wilson considered a property dispute between the parties, which arose in the context of a compromised parenting application. The case involved a significant conflict of evidence, described as "oath-on-oath," concerning parenting matters.
The primary legal issue before the court was the resolution of the parenting dispute, given the lack of evidence to substantiate allegations of family violence. The court was required to determine how these unproven allegations should be treated in the context of the overall property settlement.
Justice Wilson's reasoning focused on the fact that no family violence was proved, and crucially, no evidence was presented linking any alleged family violence to the parties' contributions to the marriage. Consequently, the court found that the unproven allegations had no bearing on the property division. The court ordered that the parties bring in a minute giving effect to the reasons for judgment by a specified date, and all other applications were dismissed.
The primary legal issue before the court was the resolution of the parenting dispute, given the lack of evidence to substantiate allegations of family violence. The court was required to determine how these unproven allegations should be treated in the context of the overall property settlement.
Justice Wilson's reasoning focused on the fact that no family violence was proved, and crucially, no evidence was presented linking any alleged family violence to the parties' contributions to the marriage. Consequently, the court found that the unproven allegations had no bearing on the property division. The court ordered that the parties bring in a minute giving effect to the reasons for judgment by a specified date, and all other applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Natural Justice
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Procedural Fairness
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Remedies
Actions
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Citations
BARBERIS & BARBERIS [2019] FamCA 386
Cases Citing This Decision
0
Cases Cited
24
Statutory Material Cited
2
Singer v Berghouse
[1994] HCA 40
Norbis v Norbis
[1986] HCA 17
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd
[1988] HCA 44