Bateman & Bowe
Case
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[2013] FamCA 253
•19 April 2013
Details
AGLC
Case
Decision Date
BATEMAN & BOWE
[2013] FamCA 253
[2013] FamCA 253
19 April 2013
CaseChat Overview and Summary
In *Bateman & Bowe*, Murphy J of the Federal Circuit Court of Australia was required to determine property adjustment orders under section 90SM of the *Family Law Act 1975* (Cth). The dispute concerned the division of the parties' existing legal and equitable interests in their property.
The central legal issue before the court was how to adjust the parties' property interests to achieve a just and equitable outcome. This involved determining the appropriate percentage split of the value of the parties' combined property.
Murphy J ordered that the wife receive 55 per cent of the value of the parties' property, with the husband receiving 45 per cent. To give effect to this adjustment, the parties were directed to jointly file Minutes of Order within 21 days, outlining the agreed method of achieving this division, in accordance with a specified "Property Adjustment Order Table" and paragraph 178 of the court's reasons. In the event of disagreement, the matter was to be relisted for further determination, with directions for the filing of material concerning costs.
The central legal issue before the court was how to adjust the parties' property interests to achieve a just and equitable outcome. This involved determining the appropriate percentage split of the value of the parties' combined property.
Murphy J ordered that the wife receive 55 per cent of the value of the parties' property, with the husband receiving 45 per cent. To give effect to this adjustment, the parties were directed to jointly file Minutes of Order within 21 days, outlining the agreed method of achieving this division, in accordance with a specified "Property Adjustment Order Table" and paragraph 178 of the court's reasons. In the event of disagreement, the matter was to be relisted for further determination, with directions for the filing of material concerning costs.
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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Costs
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Remedies
Actions
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Citations
BATEMAN & BOWE
[2013] FamCA 253
Most Recent Citation
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