Barclay and Paton

Case

[2016] FCCA 1508

8 July 2016


Details
AGLC Case Decision Date
Barclay and Paton [2016] FCCA 1508 [2016] FCCA 1508 8 July 2016

CaseChat Overview and Summary

This matter concerned final parenting and property orders made by Judge Burchardt. The dispute involved the arrangements for the three children of the marriage, X, Y, and Z, and the division of the parties' assets and liabilities.

The court was required to determine the parenting arrangements for the children, including issues of parental responsibility, living arrangements, and time spent with each parent. Additionally, the court had to make orders regarding the division of property, including real estate, vehicles, shares, and superannuation interests, and to address associated liabilities.

The court ordered that the parties share parental responsibility equally, with the children to live with the Wife. Specific time arrangements were detailed for the Husband to spend with the children, including during school terms, holidays, and on special occasions. In relation to property, the Husband was ordered to transfer his interest in Property H to the Wife, with the Wife to pay the Husband a sum of $234,694. The Husband was to retain Property T and other specified assets, while the Wife was to retain other assets. A superannuation splitting order was made, allocating a base amount of $50,000 to the Wife from the Husband's superannuation fund. The orders also included provisions for the parties to notify each other of changes in contact details, to refrain from discussing the proceedings with the children, and to provide travel itineraries.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Procedural Fairness

  • Constructive Trust

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Most Recent Citation
BARCLAY & PATON [2017] FamCAFC 76

Cases Citing This Decision

1

BARCLAY & PATON [2017] FamCAFC 76
Cases Cited

2

Statutory Material Cited

2

Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40
Norbis v Norbis [1986] HCA 17