BOWERS & CAMANO
Case
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[2018] FCCA 4042
•27 September 2018
Details
AGLC
Case
Decision Date
BOWERS & CAMANO [2018] FCCA 4042
[2018] FCCA 4042
27 September 2018
CaseChat Overview and Summary
In the matter of *Bowers & Camano*, Judge Harman of the Federal Circuit Court of Australia made orders concerning interim property adjustments between the parties. The dispute involved the division of assets pending final determination of their property settlement.
The court was required to determine how an interim property adjustment of $40,000 should be facilitated between the parties. This involved considering the possibility of redrawing funds from a joint mortgage and, in the alternative, requiring one party to make a direct payment or sell an asset to satisfy the adjustment.
The court ordered that the parties jointly apply to their bank to redraw $40,000 from their mortgage account, with $20,000 to be paid to each party. If this was not possible, the Wife was ordered to pay $20,000 to the Husband by a specified date. Should the Wife fail to make this payment, she was to list one of her motor vehicles for sale and pay the net proceeds, up to $20,000, to the Husband. The court also ordered that interim applications be removed from the list of cases awaiting hearing.
The court was required to determine how an interim property adjustment of $40,000 should be facilitated between the parties. This involved considering the possibility of redrawing funds from a joint mortgage and, in the alternative, requiring one party to make a direct payment or sell an asset to satisfy the adjustment.
The court ordered that the parties jointly apply to their bank to redraw $40,000 from their mortgage account, with $20,000 to be paid to each party. If this was not possible, the Wife was ordered to pay $20,000 to the Husband by a specified date. Should the Wife fail to make this payment, she was to list one of her motor vehicles for sale and pay the net proceeds, up to $20,000, to the Husband. The court also ordered that interim applications be removed from the list of cases awaiting hearing.
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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Remedies
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Injunction
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Costs
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Procedural Fairness
Actions
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Citations
BOWERS & CAMANO [2018] FCCA 4042
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