Barstow and Barstow
Case
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[2016] FCCA 2185
•31 August 2016
Details
AGLC
Case
Decision Date
Barstow and Barstow [2016] FCCA 2185
[2016] FCCA 2185
31 August 2016
CaseChat Overview and Summary
This matter concerned parenting and property division between the parties, Mr and Mrs Barstow, before Judge McGuire. The dispute involved arrangements for the children, X and Y, and the division of their assets and liabilities.
The court was required to determine appropriate parenting orders for the children, including their living arrangements, time spent with each parent, and arrangements for school holidays and special days. Additionally, the court needed to make orders for the division of the parties' property, including the family home, vehicles, shares, bank accounts, and superannuation entitlements, as well as the allocation of liabilities.
Judge McGuire made orders for equal shared parental responsibility, with the children to live on a week-about basis between the parents during school terms and during long summer holidays, with specific arrangements for school holidays and special days. In relation to property, the husband was ordered to pay a lump sum to the wife, and each party was to transfer their respective interests in various assets to the other, with specific provisions for the discharge of liabilities and indemnities. The court also made detailed orders regarding the division of the husband's superannuation entitlements pursuant to sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975*, including restrictions on the husband's ability to alter his superannuation interests. The parties also agreed to contribute equally to the children's extra-curricular costs and reasonable schooling extras.
The court was required to determine appropriate parenting orders for the children, including their living arrangements, time spent with each parent, and arrangements for school holidays and special days. Additionally, the court needed to make orders for the division of the parties' property, including the family home, vehicles, shares, bank accounts, and superannuation entitlements, as well as the allocation of liabilities.
Judge McGuire made orders for equal shared parental responsibility, with the children to live on a week-about basis between the parents during school terms and during long summer holidays, with specific arrangements for school holidays and special days. In relation to property, the husband was ordered to pay a lump sum to the wife, and each party was to transfer their respective interests in various assets to the other, with specific provisions for the discharge of liabilities and indemnities. The court also made detailed orders regarding the division of the husband's superannuation entitlements pursuant to sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975*, including restrictions on the husband's ability to alter his superannuation interests. The parties also agreed to contribute equally to the children's extra-curricular costs and reasonable schooling extras.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Consent
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Remedies
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Constructive Trust
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Fiduciary Duty
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Res Judicata
Actions
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Citations
Barstow and Barstow [2016] FCCA 2185
Most Recent Citation
Maidwell and Routledge (Child support) [2018] AATA 1235