BLIZZARD & CAMOES

Case

[2015] FamCA 1090

8 December 2015


Details
AGLC Case Decision Date
BLIZZARD & CAMOES [2015] FamCA 1090 [2015] FamCA 1090 8 December 2015

CaseChat Overview and Summary

In the matter of BLIZZARD & CAMOES, Stevenson J of the Family Court of Australia made orders concerning parenting arrangements for two children, B and C, and the alteration of property interests between the de facto parties. The dispute involved the establishment of new parenting orders, discharging all existing arrangements, and the division of a jointly owned property and superannuation interests.

The court was required to determine the most appropriate parenting arrangements for the children, including their living arrangements, time spent with each parent, and the allocation of parental responsibility. Additionally, the court had to determine how the parties' property, specifically a property and superannuation, would be divided. This involved considering the percentage split of the sale proceeds from the property and the method for distributing a portion of the de facto husband's superannuation to the de facto wife.

Stevenson J ordered that both parents would have equal shared parental responsibility for the children, with the children to live with the mother. The father's time with the children was detailed, with specific arrangements for weekends, Wednesdays, and special occasions, which were to evolve as the younger child, C, approached the age of five. The court also ordered the sale of a property, with the proceeds to be distributed such that the de facto wife received 69 per cent of the balance after sale costs and mortgage discharge. Furthermore, the court made orders binding on the trustee of the de facto husband's superannuation fund, allocating a base amount of $23,651 to the de facto wife, to be paid from splittable payments as they become payable.
Details

Areas of Law

  • Family Law

  • Property Law

  • Insolvency

Legal Concepts

  • Remedies

  • Costs

  • Jurisdiction

  • Statutory Construction

  • Injunction

Actions
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Cases Citing This Decision

1

Blizzard and Camoes [2017] FamCA 67
Cases Cited

2

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209
Taylor & Barker [2007] FamCA 1246